Alachua Phosphate Co. v. Anglo-Continental (late Ohlendorff's) Guano Works

Citations

• 51 Fla. 143

Syllabus

<p>1. As a general rule, where a contract is violated by one of the parties thereto, the other party is thereby released from the contract.</p> <p>2. Where two companies execute a contract for the sale of phosphate rock to another company, the terms of which contract are considered as an entirety and are binding on all the parties thereto, and the contract on the part of the selling companies is violated, damages can not be recovered from the buying company for refusing to accept and pay for rock tendered by one of the selling companies for itself and as assignee of the other selling company.</p> <p>3. Where there is evidence to sustain the finding of a referee it will not be disturbed on writ of error.</p>