Bucki v. Seitz

Citations

• 39 Fla. 55

Syllabus

<p>1. A new trial will not be granted because of the admission of illegal evidence to prove a fact which is fully established by other and legal evidence in the cause, it being clear that the verdict was not influenced thereby.</p> <p>2. Qurere: Whether an exception in the form “objection (stating grounds), objection overruled, exception noted,” is sufficiently definite to be considered by an appellate court.</p> <p>3. The plea of never was indebted is inapplicable to a declaration declaring only upon a special contract.</p> <p>4. Where there is no evidence to support a verdict a new trial will be granted.</p> <p>5. Where plaintiff and defendant orally agree upon the terms of a contract, and it is afterwards reduced to writing and signed by plaintiff, and the written contract is then forwarded to defendant to sign, who, before affixing his signature to the instrument, inserts therein stipulations limiting his liability, and subsequently delivers such written contract to the plaintiff, the stipulations so inserted are valid and binding in any action instituted by the plaintiff to recover for a breach of the written contract.</p> <p><3. Plaintiff’s right of recovery is confined to the cause of action alleged in liis declaration. If he fails upon sucli grounds he can not be permitted to recover on any other not alleged.</p>