From Casetext: Smarter Legal Research

Barker v. First Bank and Trust Company of Pensacola

Supreme Court of Florida. Special Division A
May 13, 1947
30 So. 2d 381 (Fla. 1947)

Opinion

May 13, 1947

An appeal from the Court of Record for Escambia County, Ernest E. Mason, Judge.

Coe Eggart and Philip D. Beall, for appellant.

Watson Brown, for appellee.


Appeal is from judgment on demurrer sustained to amend declaration.

By the amended declaration plaintiff attempted to state a cause of action for breach of contract to sell and convey certain real estate.

The trial court held the allegations of the amended declaration failed to show a completed contract not violative of the statute of frauds.

The judgment should be affirmed on authority of our opinion and judgment in the case of Webster Lumber Co. v. Lincoln, 94 Fla. 1097, 115 So. 498; McCay v. Seaver, 98 Fla. 710, 124 So. 44, and cases there cited.

So ordered.

TERRELL, Acting Chief Justice, BARNS, J., and CHILLINGWORTH, Associate Justice, concur.


Summaries of

Barker v. First Bank and Trust Company of Pensacola

Supreme Court of Florida. Special Division A
May 13, 1947
30 So. 2d 381 (Fla. 1947)
Case details for

Barker v. First Bank and Trust Company of Pensacola

Case Details

Full title:ARTHUR BARKER v. THE FIRST BANK AND TRUST COMPANY OF PENSACOLA, a banking…

Court:Supreme Court of Florida. Special Division A

Date published: May 13, 1947

Citations

30 So. 2d 381 (Fla. 1947)
30 So. 2d 381