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Vining v. Sutton

District Court of Appeal of Florida, Third District
Jan 12, 1971
242 So. 2d 730 (Fla. Dist. Ct. App. 1971)

Opinion

No. 70-438.

January 12, 1971.

Appeal from the Civil Court of Record for Dade County, Edward S. Klein, J.

Edward C. Vining, Jr., and R.M. MacArthur, Miami, for appellant.

J. Leo McShane, Miami, for appellee.

Before PEARSON, C.J., and CHARLES CARROLL and HENDRY, JJ.


This is an appeal from a final judgment for the plaintiff entered after a trial without jury. The essential question presented on the appeal is whether the record reveals evidence as to a consideration for the written personal promise of a corporate officer to pay a corporation debt. The evidence before the court was sufficient to support a finding that the plaintiff agreed to forego legal action, including possible lien rights, in return for the written promise. The record is sufficient to support the judgment. Knight Wall Co. v. Tampa Sand Lime Brick Co., 55 Fla. 728, 46 So. 285 (1908); Henderson v. Kendrick, 82 Fla. 110, 89 So. 635 (1921); see 7 Fla. Jur., Contracts § 49.

Affirmed.


Summaries of

Vining v. Sutton

District Court of Appeal of Florida, Third District
Jan 12, 1971
242 So. 2d 730 (Fla. Dist. Ct. App. 1971)
Case details for

Vining v. Sutton

Case Details

Full title:J. BRUCE VINING, APPELLANT, v. CHARLES SUTTON, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jan 12, 1971

Citations

242 So. 2d 730 (Fla. Dist. Ct. App. 1971)

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