LONDON & SCOTTISH ASSURANCE CORPORATION, LIMITED, A CORPORATION, PLAINTIFF IN ERROR,
v.
VITALE DOLCE, DEFENDANT IN ERROR
LONDON & SCOTTISH ASSURANCE CORPORATION, LIMITED, A CORPORATION, PLAINTIFF IN ERROR,
VITALE DOLCE, DEFENDANT IN ERROR
107 Fla. 343
Florida Supreme Court (1932)
Positive Treatment
Also reported at: 144 So. 880
Cited by 2 cases
Opinion of the Court
This cause having heretofore been sub-' mitted to the Court upon the transcript of the record of the judgment herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised o'f its judgment to be given in the premises, it seems to the court that .there is no error in the said judgment; it is, therefore, considered, ordered and adjudged by the Court that the said judgment of the Circuit Court be, and the same is hereby affirmed.
Buford, C.J. and Whitfield, Ellis, Terrell and Davis, J.J., concur.
Brown, J., dissents.
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Whitehall Realty Corp. v. Mfrs. Tr. Co., 100 So. 2d 617 (Fla. 1958)…there has been a breach of the contract to the knowledge of such purchaser. $ ‡ » ■ We believe this to be the correct rule of law and to be the view followed by the majority of courts. See also B. L. E. Realty Corp. v. Shepard, 1932, 107 Fla. 380, 144 So. 880; United States v. Bryant, D.C.S.D.Fla.1945, 58 F.Supp. 663, 8 Am.Jur,, Bills & Notes, Sec. 401; Annotation 1935, 100 A.L.R. 1357; Britton, Bills & Notes, Sec. 108 (1934); Brannon, Negotiable Instruments Law, Sec. 56, pp. 788-790 (7th ed. 1948). The…
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