Chamberlain v. Lesley

Citations

• 39 Fla. 452

Syllabus

<p>1. It is the duty of counsel for appellee or defendant in error to file in this court a brief, maintaining the correctness of the proceedings and judgment of the trial court.</p> <p>2. Where written instruments do not purport to contain the entire agreement between the parties thereto, nor to have been intended as a complete statement or performance of the whole contract, and such papers were executed in pursuance of a parol agreement and in part performance thereof, parol evidence of the verbal agreement is admissible in all cases where such evidence is consistent with, and not contrary to, such written instruments,</p> <p>3. An action of assumpsit; for money paid is maintainable in all cases where the plaintiff has paid money to a third party at the request, express or implied, of the defendant, with an understanding, express or implied, on his part to repay it.</p> <p>4. Where one person has paid money in discharge of a liability which he has taken upon himself at defendant’s request, or by his authority, such payment will in law be one made at defendant’s request and to his use.</p> <p>5. In the absence of an express agreement, the law implies a promise of indemnity on the part of a principal to his surety, and an action of assumpsit for money paid lies in every case where a surety pays the debt for which he is bound, such debt being then due.</p> <p>6. Where A, at the request of B, and for his accommodation and benefit, becomes legally liable to pay money to a third person, B will be liable to A in an action of assumpsit for money paid, for whatever sum A pays out in complete or partial discharge-of such liability.</p> <p>7. A debt due by defendant to A and another jointly can not be recovered in an action by A alone.</p>