JOHN O. SHARES
v.
J. C. PENNEY-GWINN CORPORATION
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The Florida Supreme Court affirmed a judgment sustaining a demurrer to a plaintiff's declaration, finding that the declaration failed to allege a valid cause of action for recovery in a court of law. The plaintiff had claimed he made repairs and improvements to hotel property under an agreement to purchase, but the defendant later refused to convey and forced him to vacate.
No, the declaration fails to allege a cause of action under which the plaintiff is entitled to recover in an action at law.
“The declaration entirely fails to allege a cause of action under which the plaintiff is entitled to recover in an action at law.”
This quote states the core reason for the court's decision, indicating the inadequacy of the plaintiff's legal claim.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff alleged he entered into an agreement to purchase hotel property, took possession, made significant repairs and improvements at great cos…
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The writ of error brings for review a judgment on demurrer sustained to a third amended declaration.
The third amended declaration is in three counts.
The declaration appears to have been drafted upon the theory that the plaintiff had agreed to purchase certain hotel property from the defendant. Then he went into possession of the property under the agreement to purchase the same and with the understanding with the defendant that he would make certain repairs and improvements on said *215property and that later he did make the repairs and improvements at large cost and that still later the defendant refused to convey the property to the plaintiff and required the plaintiff to vacate the property and that the plaintiff did surrender and vacate the property.
The declaration entirely fails to allege a cause of action under which the plaintiff is entitled to recover in an action at law.
The demurrer was properly sustained and there was no error in the judgment entered thereon.
Therefore, the judgment should be affirmed and it is so ordered.
Affirmed.
Ellis, C. J., and Whitfield, Terrell, Brown, Buford and Davis, J. J., concur.