KATE HAVLIN MARTIN, EXECUTRIX OF THE LAST WILL AND TESTAMENT OF JOHN H. HAVLIN, DECEASED, APPELLANT,
v.
WALKING LUMBER & SUPPLY COMPANY, A FLORIDA CORPORATION, APPELLEE
KATE HAVLIN MARTIN, EXECUTRIX OF THE LAST WILL AND TESTAMENT OF JOHN H. HAVLIN, DECEASED, APPELLANT,
WALKING LUMBER & SUPPLY COMPANY, A FLORIDA CORPORATION, APPELLEE
94 Fla. 208
Florida Supreme Court (1927)
Caution
Also reported at: 113 So. 714
Cited by 21 cases
Opinion of the Court
Per Curiam.
The transcript of the record in this case having been examined and considered by the Court, it is found that the decree herein should be affirmed, except as to that pdrt of the decree allowing attorney’s fees, which should be reversed, and the costs'of the appeal should be taxed against the complainant on authority of the opinion in the case of Kate Havlin Martin et al. v. Rother, decided at this term of the Court, and it is so ordered.
Reversed in part.
Whitfield, P. J., and Terrell and Buford, J. J., concur. Ellis, C. J., and Strum and Brown, J. J., concur in the opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Holman Willis v. Mrs. M. C. Fowler, 102 Fla. 35 (Fla. 1931)…ions as to such material [*54] facts are false and fraudulent, they will afford ground to avoid the contract. Black on Resc. & Cane., Sec. 83, and cases cited; Nixon v. Temple Terrace Estates, 97 Fla. 392, 121 So. 475; Holgate v. Jones, 93 Fla. 269, 113 So. 714; Homeseekers Realty Co. v. Menear, decided at the present term. And a representation that an option to purchase property at a specified price has been obtained, when in fact rebate from such price is to be made, constitutes a fraud and deceit when i…
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Blanche Pepple v. Rogers, 104 Fla. 462 (Fla. 1932)…ember of the general public, as to what the stock is worth, his statement will be regarded as the statement of a matter of fact, rather than of opinion, and if false and fraudulent, the sale may be rescinded.” See also Holgate v. Jones, 94 Fla. 198, 113 So. 714, and Peacock Hotel Inc. v. Shipman, 138 So. 44. There is another qualification of this general rule which gives this bill equity, to the effect that those who, because of weakness of mind, are incapable of protecting themselves from fraud and imposi…
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Randall v. Mickle, 103 Fla. 1229 (Fla. 1931)…o repudiate and escape liability from assessment of his stock. The motion to strike a pleading admits the truth of all facts well pleaded for the purposes of the motion, and any inferences fairly deducible therefrom. Holgate vs. Jones, 94 Fla. 198, 113 So. 714; Braddy, etc., Fishery Co. vs. Thomas, 93 Fla. 326, 112 So. 55, 49 C. J. 686. "While much must necessarily be left to the judicial discretion of the trial judge in permitting additional or new pleas to be filed by a defendant, after pleas already f…
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