Judges: BARNS, J.:
Attorneys: Henry P. Adair and William H. Rogers, for appellant.
Robert H. Anderson, Charles E. Davis and Harry T. Gray, for appellee.
Filed: Nov. 29, 1946
Latest Update: Mar. 02, 2020
Summary: This is a suit wherein the plaintiff sued the defendant upon an alleged oral contract alleged to have been made with the defendant through his agent, Suttles. Defendant denied the agency and ratification and plead the Statute of Frauds. The verdict and judgment were for the plaintiff and defendant appealed. Hereinafter the Peninsular Securities Corporation will be referred to as "Peninsular". The Wakiki Beach Corporation will be referred to as "Waikiki", and the St. Johns Beach Development Compa
Summary: This is a suit wherein the plaintiff sued the defendant upon an alleged oral contract alleged to have been made with the defendant through his agent, Suttles. Defendant denied the agency and ratification and plead the Statute of Frauds. The verdict and judgment were for the plaintiff and defendant appealed. Hereinafter the Peninsular Securities Corporation will be referred to as "Peninsular". The Wakiki Beach Corporation will be referred to as "Waikiki", and the St. Johns Beach Development Compan..
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I concur in the opinion and judgment prepared by Judge BARNS, however, I find an additional reason for reversing the judgment.
The additional reason is that I find in the record no evidence that there was ever any meeting of the minds of the parties as to a contract or agreement whereby the defendant Ball would thereafter "at all times meet the payments of principal and interest to become due on said second issue of bonds and would give protection to said bonds against the first mortgage bonds so that the second issue of bonds would be made good in all respects and so that the holders of the second issue would need have no further concern about the ultimate payment of their bonds."
This was a material allegation of the declaration and was unsupported by the evidence.
BROWN and THOMAS, JJ., and BARNS, Associate Justice, concur.
(ON SUGGESTION FOR DISQUALIFICATION) Opinion filed February 28, 1947
