Borden Lumber Co. v. South Atlantic Dry Dock Co.

Citations

• 88 Fla. 166
• 101 So. 846

Syllabus

<p>1. Assumpsit lies for the recovery of damages for the non-performance of a parol or simple contract. The amount claimed need n'ot be liquidated, nor does it require a contract under seal to support it. The gist of the action is a promise or undertaking on the part of the defendant either expressly-made by him, or implied by the law from his actions, and the declaration need not declare on a special contract, but is sufficient if in general terms it recite the promise, the breach thereof together with the consideration.</p> <p>2. Where evidence has been introduced for a plaintiff that in itself is pertinent, relevant, legal and proper so far as it goes towards making out the plaintiff’s case, but which, in the conception of the opposite party, falls short, for the want of-proof of other necessary facts, of making out the plaintiff’s case, the proper practice is either to get an instruction from the court to the effect that no recovery can be had without .proof of the missing facts, or else by a demurrer to the evidence.</p>