Berger v. E. Berger & Co.

Citations

• 76 Fla. 503
• 80 So. 296

Syllabus

<p>I It is the duty of the appellant or the plaintiff in error to clearly and distinctly specify and separately assign each error which it is contended was committed and upon which reliance is placed for a reversal.</p> <p>2. An assignment of error based upon an order overruling a demurrer to a declaration as a whole which contains more than one count is not well taken if it attacks the order in its entirety and the declaration contains one good count.</p> <p>3. In an action for breach of a contract the amount claimed as damages in the declaration is not the subject of demurrer.</p> <p>4. During the trial of a case when a question is excluded upon objection, and the question does not indicate of itself whether the answer thereto will be material or pertinent evidence, the party propounding the question, if he intends to have the ruling reviewed, should make an offer at the trial of what he proposes to prove by such question. If he does not, neither the trial nor the Appellate Court can determine whether the proposed evidence is material or not.</p> <p>5. Where a person contracts to supply an article in which he deals for a particular purpose knowing the purpose for which he supplies it, and that the purchaser has no opportunity to inspect the article, but relies upon the judgment of the seller as to its suitableness or fitness for the purpose desired, there is an implied condition that the article is fit for the purpose to which it is to be applied.</p>