H. D. FINLAY, PLAINTIFF IN ERROR,
v.
SANTA ROSA TRUCK GROWERS ASSOCIATION, A CO-PARTNERSHIP, DEFENDANTS IN ERROR
H. D. FINLAY, PLAINTIFF IN ERROR,
SANTA ROSA TRUCK GROWERS ASSOCIATION, A CO-PARTNERSHIP, DEFENDANTS IN ERROR
97 Fla. 236
Florida Supreme Court (1929)
Positive Treatment
Cited by 20 cases
Opinion of the Court
Per Curiam.
This cause having heretofore been submitted to the Court upon the transcript of thé 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 of 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.
Whitfield, P. J., Buford, J., and Long, Circuit Judge, concur.
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White v. Crandall, 105 Fla. 70 (Fla. 1931)…South. Rep. 475, in that in the plea here presented there is no averment that the plaintiff intended to erect such buildings and that the •money, was on hand appropriated • and. set apart for that purpose solely. See Smith v. Homeseekers Realty Co., 97 Fla. 236, 122 South. Rep. 708;. Sun City Holding Co. v. Schoenfeld, 97 Fla. 777, 122 South. Rep. 252; Glass v. Craig, 83 Fla. 408, 91 South. Rep. 332; Stokes v. Victory Land Co., 99 Fla. 795, 128 South. Rep. 408; Criner v. State, 92 Fla. 483, 109 South. Rep.…
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Savage v. Horne, 159 Fla. 301 (Fla. 1947)…its, cloud on title or some other independent ground of equity, then the bill praying for cancellation or rescission and an accounting incidental thereto may be sustained. Willis v. Fowler, 102 Fla. 35, 136 So. 358; Smith v. Home Seekers Realty Co., 97 Fla. 236, 122 So. 708; 67 A.L.R. 807; Hinzelin v. Bailly, 155 Fla. 837, 22 So. (2nd) 43. It is alleged that the sellers (defendants) not only breached their contract but abandoned and repudiated it entirely; that they now refuse to be bound by the terms, co…
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Home Seekers Realty Co. v. Mrs. D. C. Menear, 102 Fla. 7 (Fla. 1931)…the promisor for the purpose of deceiving the promisee and inducing him to act. where he otherwise would not have done so, and the promisee does act in reliance thereon to his injury, constitutes a legal fraud. See* Smith v. Home Seekers Realty Co., 97 Fla. 236, 122 So., 709, 67 A. L. R. 807. In the latter ease it was said: “It is not alleged that at the time these promises or representations were made the vendor had no intention of fulfilling them, and that they were falsely made with the intent to defrau…
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