Marks v. Fields, (1948)
Court: Supreme Court of Florida
Number:
Visitors: 8
Judges: ADAMS, J.:
Attorneys: Jones, Latham McLane, for appellants.
Coe Eggart, for appellees.
Filed: May 11, 1948
Latest Update: Mar. 02, 2020
Summary: Appellees, as plaintiffs in the lower court, recovered judgment against the appellants as the result of a jury verdict. Plaintiffs' declaration was in one count and stated an action of deceit. The suit arose out of a transaction wherein plaintiffs had accepted from defendants a written lease covering a vacant lot in the City of Pensacola, which plaintiffs intended to use in the sale of second hand automobiles. They complained that defendants had orally represented that the zoning ordinance of th
Summary: Appellees, as plaintiffs in the lower court, recovered judgment against the appellants as the result of a jury verdict. Plaintiffs' declaration was in one count and stated an action of deceit. The suit arose out of a transaction wherein plaintiffs had accepted from defendants a written lease covering a vacant lot in the City of Pensacola, which plaintiffs intended to use in the sale of second hand automobiles. They complained that defendants had orally represented that the zoning ordinance of the..
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I adhere to the original opinion. The record discloses without contradiction, that plaintiff in the lower court entered into possession of the premises after acceptance of the lease, stored some of his possessions there and, for aught that appears, remained in possession at the time of the institution of suit. Thus, I cannot agree that the "consideration wholly failed."
THOMAS, C.J., and SEBRING, J., concur.
Source: CourtListener
