62 Fla. 382 | Fla. | 1911
— The defendant in error sued the plaintiff in error in the Circuit Court for Leon County for a balance claimed to be due on account of the purchase price of certain lumber sold by Cates to the said company. The declaration contained the common counts. The defendant filed a plea of never was indebted as alleged. Other pleas of privilege have no bearing upon the assignments of error. The trial resulted in a verdict and judgment for plaintiff for $212.68, and the defendant sued out writ of error.
The plaintiff testified in his own behalf that he sold
The second and third assignments have been disposed of by what we- have already said. The fourth and fifth assignments are expressly abandoned and will not be considered.
Upon the conclusion of the testimony, the defendant moved the court to charge the jury to render a verdict for it because “the suit is based upon common counts and it appears by all .the evidence that the transactions in the suit arose out of special written contracts between the parties which have not been performed by the plaintiff.” The court did not err in refusing to so instruct the jury.
When there is a special contract of sale, and the contract has been breached by the seller to the injury and
The evidence is sufficient to support the verdict, and the judgment is affirmed.