EAST COAST STORES, INC., AND SOUTHERN STORES CORPORATION, PLAINTIFFS IN ERROR,
v.
JOHN C. CUTHBERT, AND EULA STEWART CUTHBERT, HIS WIFE, DEFENDANTS IN ERROR

Fla. | 1931-04-01
Buford, Q.J., and Whitfield, Ellis, Terrell, Brown and Davis, J.J., concur.
101 Fla. 25 Florida Supreme Court (1931) Positive Treatment
Also reported at: 133 So. 863
Cited by 40 cases

Opinion of the Court
Per Curiam.

*30Per Curiam.

The record in this cause having been considered by the Court, and the foregoing opinion prepared under Chapter 14553, Acts of 1929, adopted by the Court as its opinion, it is considered and ordered by the Court that the judgment of the court below be, and the same is hereby, reversed and the cause is remanded for further *31proceedings in accordance with, the views herein expressed

Buford, Q.J., and Whitfield, Ellis, Terrell, Brown and Davis, J.J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (11 total)

  • …lear intent and purpose of the contract to directly and substantially benefit the third party. See Woodbury v. Tampa Waterworks Co., supra; First National Bank of St. Augustine v. Perkins, supra; and East Coast Stores, Inc. v. Cuthbert, 101 Fla. 25, 133 So. 863 (1931).3 On this point, the reasoning of Wiggin-ton, J., concurring specially in Canal Insurance Company of Greenville, S.C. v. Sturgis, supra, is especially cogent: “There is much force to the contention made by appellee that irrespective of its…
  • Custer v. State, 159 Fla. 574 (Fla. 1947)
    …cisions in civil and criminal cases we are committed to the rule that a fundamental error may be reviewed though not assigned. Gover v. Braddock, 100 Fla. 1406, 131 So. 407; White v. Crandall, 105 Fla. 70, 137 So. 272; East Coast Stores v. Cuthbert, 101 Fla. 25, 133 So. 853; Bynum v. State of Florida, 76 Fla. 618, 80 So. 572. In the latter case the judgment was reversed for failure to grant a motion for new trial even though the error was not assigned. Gunn v. State of Florida, 78 Fla. 599, 83 So. 511, in…
  • Holloman v. State, 140 Fla. 59 (Fla. 1939)
    …ate court, though it is not assigned. Demeter Land Co. v. Florida Public Service Corp., 99 Fla. 954, 128 Sou. Rep. 402; Hoodless v. Jernigan, 46 Fla. 213, 35 Sou. Rep. 656; Parker v. Dekle, 46 Fla. 452, 35 Sou. Rep. 4; East Coast Stores v. Cuthbert, 101 Fla. 25, 133 Sou. Rep. 863; Bynum v. State, 76 Fla. 618, 80 Sou. Rep. 572; White v. Crandall, 105 Fla. 70, 137 Sou. Rep. 272; Gunn v. State, 78 Fla. 599, 83 Sou. Rep. 511; O’Steen v. State, 92 Fla. 1062, 1066, 1075, 111 Sou. Rep. 725; Gober v. Braddock, 100…

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