Judges: THOMAS, J.:
Attorneys: Arthur S. Friedman, for plaintiff in error.
Ward Ward, for defendant in error.
Filed: May 01, 1942
Latest Update: Mar. 02, 2020
Summary: The question presented for adjudication on this appeal is whether or not appellant's second amended declaration, consisting of two counts, states a cause of action. The Circuit Court of Dade County, Florida, sustained a demurrer to the second amended declaration, and each count thereof, thereby holding that the second amended declaration failed to state a cause of action. Count 1 is viz.: "1. That at all times herein mentioned the plaintiff was, ever since has been and now is engaged in the plas
Summary: The question presented for adjudication on this appeal is whether or not appellant's second amended declaration, consisting of two counts, states a cause of action. The Circuit Court of Dade County, Florida, sustained a demurrer to the second amended declaration, and each count thereof, thereby holding that the second amended declaration failed to state a cause of action. Count 1 is viz.: "1. That at all times herein mentioned the plaintiff was, ever since has been and now is engaged in the plast..
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I am of the opinion that the alleged contract is void for want of consideration. See Williston on Contracts Revised Ed. Sec. 99 et seq. White v. Bluett, 23 L. J. (N.S.) Ex. 36 12 Amer. Jur. Sec. 113 et seq.
