CHARLES J. MATHEWS, APPELLANT,
v.
WILLIAM PIHOS, STELLA PIHOS, HIS WIFE, GEORGE PIHOS, SINGLE, FLORIDA-CAROLINA DEVELOPMENT CORPORATION, A FLORIDA CORPORATION, R. R. RAGEN, AYERS ELECTRIC COMPANY, INC., A FLORIDA CORPORATION, APPELLEES
— This cause having heretofore been submitted to the Court upon the transcript of the record of the orders and decrees 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 orders and decrees; it is, therefore, considered, ordered and decreed by the Court that the said orders and decrees of the Circuit Court be, and the same are hereby affirmed.
Buford, C. J., and Ellis, Terrell and Davis, J. J., concur.
(Concurring in part and dissenting in part) :
I think this ease should be affirmed upon condition that a remittitur of $950.00 be entered.
Whitfield, J., concurs.
Brown, J.
(Concurring in part and dissenting in part) :
I think this ease should be affirmed upon condition that a remittitur of $950.00 be entered.
Whitfield, J., concurs.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (24 total)
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Langford v. King Lumber & Mfg. Co., 123 Fla. 855 (Fla. 1935)…ently approved contracts for the sale of real estate where conditions such as are involved here were attached to the payment of commissions on the sale. Ballas v. Lake Weir Light & Water Co., 100 Fla. 913, 130 So. 421; Murphy v. Green, 102 Fla. 102, 135 So. 531; Walker & McClelland v. Chancey, 96 Fla. 82, 117 So. 705 ; Cannon v. Selsmer, 85 Cal. App. 783, 250 Pac. 332. The rule is also well settled that a reconveyance of lands previously sold by the vendee to the vendor because of inability to make deferr…
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Batchelder v. Prestman, 103 Fla. 852 (Fla. 1931)…laration does not make it appear that any definite time was fixed for the payment of the alleged commission, and if that was the ease it would have been payable •on completion of the service rendered by the plaintiff. Murphy vs. Green, 102 Fla. 102, 135 So. 531; Ballas vs. Lake Weir Light & Water Co., 100 Fla. 913, 130 So. 421. According to the pleas, that was not the contract acted npon. “A contract or promise to pay may be restricted to a particular fund, so as to make the raising or sufficiency of the…
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Miami Nat'l Bank v. Forecast Constr. Corp., 366 So. 2d 1202 (Fla. 3d DCA 1979)…ation is a mutual agreement between the parties concerned for the discharge of a valid existing obligation by the substitution of a new valid obligation and like all contracts must be based upon adequate consideration. Murphy v. Green, 102 Fla. 102, 135 So. 531 (1931). Two of the essential elements which must be presented in order for a novation to exist are (1) an agreement by the parties to cancel and extinguish the first debt or obligation, and (2) agreement of the parties that the second contract or ag…
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