INTER-COUNTY TELEPHONE & TELEGRAPH COMPANY, A CORPORATION, PLAINTIFF IN ERROR,
v.
R. O. BOZARTH, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a judgment for the plaintiff in an assumpsit action, finding insufficient evidence of an agreed price or reasonable value for goods, wares, merchandise, materials, and labor furnished.
No, the court held that while there might have been sufficient evidence to show the defendant's liability for the indebtedness, there was insufficient evidence of an agreed price or the reasonable value of the items constituting the alleged indebtedness.
“Even if the evidence be considered as legally sufficient to show liability of the defendant on the ground that it authorized or ratified an indebtedness to the plaintiff, there is not sufficient evidence of an agreed price or of the reasonable value of the items constituting the alleged indebtedness of the defendant to the plaintiff.”
This quote explains the core reasoning for the reversal, highlighting the lack of evidence regarding the monetary value of the debt.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff sued the defendant on common counts for money owed for goods, materials, and labor. The defendant pleaded never was indebted. A trial re…
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Per Curiam.
In an action of assumpsit on common counts for money payable for goods, wares and merchandise bargained and sold, for material furnished and for labor done and performed, there was a trial on a plea of never was indebted, and verdict and judgment were rendered for the full amount of the claim with interest. The defendant took writ of error. Even if the evidence be considered as legally sufficient to show liability of the defendant on the ground that it authorized or ratified an indebtedness to the plaintiff, there is not sufficient evidence of an agreed price or of the reasonable value of the items constituting the alleged indebtedness of the defendant to the plaintiff. See Chase & Co. v. Miller, 81 Fla. 472, 88 So. 313; C. H. & N. Ry. Co. v. Burwell, 56 Fla. 217, 48 So. 213.
Reversed.
Whitfield, P. J. and Terrell and Buford, J. J., concur. Ellis, C. J., and Strum and Brown, J. J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State ex rel. H. R. P. Miller v. Doss, 141 Fla. 233 (Fla. 1940)…earing therein well pleaded. ' It is essential that the alternative writ should show a clear,. prima facie case in favor of the relator. See State v. Jacksonville Terminal Co., 71 Fla. 295, 71 So. 474; State ex rel. Baldwin v. Brockett, 95 Fla. 937, 117 So. 107. The alternative writ shows that the relator is a taxpayer and the owner of property located in Lake County, Florida, subject to taxation and the property described in the alter [*236] native writ was omitted from the tax roll for assessment purpos…
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State v. City of Pompano, 132 Fla. 830 (Fla. 1938)…a. 69, 169 So. 597. Where the alternative writ makes a prima facie case a motion to quash should be denied and the respondents re-1 quired to file their answer or return to the alternative writ. See State, ex rel. Baldwin, v. Brockett, 95 Fla. 937, 117 So. 107; State, ex rel. Burr, v. Jacksonville Terminal Co., 71 Fla. 295, 71 So. 474; State, ex rel. Burr, v. Atlantic Coast Line R. Co., 59 Fla. 612, 52 So. 4. From the pleadings it has been made to appear that a prima facie case has been made or establish…
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The Kilgore Seed Co. v. Gwynn H. Pearce, 103 So. 2d 112 (Fla. 1958)…ff below failed to prove the agreed value of the material or in the alternative the reasonable value thereof. Appellees rely on Charlotte Harbor & N. Ry. Co. v. Burwell, 56 Fla. 217, 48 So. 213; and Inter-County Telephone & Telegraph Co. v. Bozarth, 95 Fla. 939, 117 So. 107. The rule of law announced in the cited cases is sound. In the instant case, however, it was shown that each item was sold to Pearce, that the amount due for each purchase was exhibited to him on a charge slip in connection with each tr…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Chase & Co. v. Miller, 81 Fla. 472 (Fla. 1921)
- Harbor v. Blair Burwell, 56 Fla. 217 (Fla. 1908)