Bayshore Development Co. v. Bondfoey

Citations

• 75 Fla. 455

Syllabus

<p>1. Upon the trial of a cause- the- court should not instruct a verdict for one of the parties if there is substantial evidence before the jury sufficient to support a verdict for the other party. Nor -where from the evidence adduced reasonable men might differ in opinion as to whether the issues should have been found for one party or 'the other.</p> <p>2. A plea which avers no facts that might not be shown in evidence under the general issue should be treated as the general issue.</p> <p>3. An architect owes to his employer the duty of exercising and applying skill and ability, 'judgment and' taste reasonably and without neglect in the preparation for the proposed structure of the plans and specifications which he was -employed to prepare</p> <p>4. In an action by the owner of a building against an architect who was employed to furnish plans and specifications for the structure, for damages resulting from the latter’s negligence and lack ,of skill in preparing the plans and specifications; the measure of damages is an amount equal to the difference between the value of the building as actually designed and constructed ¡and the value as it would have been if the building had been properly designed and constructed. Loss of rentals due to delays in .occupying the premises áre too remote and speculative to, be considered. .</p>