Judges: BUFORD, J.:<page_number>Page 8</page_number>
Attorneys: A.B. Rowe, J. Lewis Hall, Whitaker Brothers, for appellant.
John J. Lindsey, for appellee.
Filed: May 22, 1945
Latest Update: Mar. 02, 2020
Summary: Appeal is from the judgment entered on demurrer sustained to a declaration. The declaration is of considerable length; the effect of its allegations are that on the 28th of September, 1926, the Board of Public Instruction of Dade County entered into a written contract with Whitphel Properties, Inc., executed under its corporate seal, wherein it promised and agreed to purchase and pay for a certain tract of land in Dade County to be used for school purposes and Whitphel Properties, Inc., agreed t
Summary: Appeal is from the judgment entered on demurrer sustained to a declaration. The declaration is of considerable length; the effect of its allegations are that on the 28th of September, 1926, the Board of Public Instruction of Dade County entered into a written contract with Whitphel Properties, Inc., executed under its corporate seal, wherein it promised and agreed to purchase and pay for a certain tract of land in Dade County to be used for school purposes and Whitphel Properties, Inc., agreed to..
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I think the appellant's only remedy, if any, is in equity under the doctrine laid down in Special Tax School District v. Hillman, 131 Fla. 725, 179 So. 805. In view of our decisions in Babcock v. Board of Public Instruction of Dade County and First National Bank of Key West against the same board, cited in the opinion of Mr. Justice BUFORD, I do not see how the trial court could have rendered any judgment in favor of appellant on these notes, which were of the same series as those sued on in the two cited cases.
