Clark & Loftus v. Pope

Citations

• 29 Fla. 238

Syllabus

<p>1. Where there is a conflict between the evidence introduced by the plaintiff and that offered by the defendant, the settlement of the question belongs to the province of the jury; and under a well settled rule on this subject the appellate court will not disturb the verdict of the jury.</p> <p>2. While it is true that a verdict of a jury unsupported by evidence, or against the evidence, will not be sustained, yet a verdict cannot be set aside on the ground that it is excessive and not justified by the evidence, where a witness, who is uncontradicted, testifies for plaintiff that the amount due from defendant is larger than the amount of the verdict rendered.</p> <p>3. An offer of settlement made by plaintiff, but not accepted by defendant, is not binding on either party, and it is incumbent on plaintiff after such offer to establish by evidence the amount of his demand against the defendant.</p>