Butler v. Ederheimer

Citations

• 55 Fla. 544

Syllabus

<p>1. In determining the meaning or purpose of the answer to an interrogatory propounded to a witness, the answer must be considered in connection with the interrogatory propounded.</p> <p>2. The answer of a witness to an interrogatory propounded to him is material when it tends to prove the issue.</p> <p>3. Where the bill of particulars attached to the declaration is general and does.not state any particular articles sold to defendants by plaintiffs, and the defendants did not make any objections to the bill of particulars in the trial court, they will not be heard to raise objections thereto in the appellate court.</p> <p>4. When the plaintiffs’ evidence was confined to the bill of particulars and the order for goods put in evidence by plaintiffs did not tend to vary in proof the items in the bill of particulars, the extreme of technicality is not favored to raise a variance between the proof and the bill of particulars.</p> <p>5. In an action for goods, wares and merchandise sold and delivered, it is not essential that the order for the goods be signed by the defendants, where the representative of the plaintiffs testified that the order is the original order received from the defendants; neither is the book account the best evidence, when the order produced by the plaintiff is the original order.</p> <p>6. In an, action for goods sold and delivered, where the original order as made by the defendants and offered in evidence by the plaintiffs set forth each item or garment of clothing, the size and price, although the names of the garments are abbreviated, but explainations thereof were not asked for by defendants and the knowledge of the witness was not sifted or tested in any way by cross-examination, the order for the goods was sufficiently, specific, taken in connection with the testimony of the witness, to be read in evidence.</p> <p>7. In an action for goods sold and delivered, the bills of lading showing the shipment of the goods were material and admissibl