Conners v. Gaskins

Citations

• 82 Fla. 389
• 90 So. 379

Syllabus

<p>1. Where a party is not injured by tbe rulings of a trial court upon his pleas, hut is allowed to avail himself, under the pleas which are filed and not stricken, of the matters sought to be presented under the pleas which are stricken, the rulings will not be considered reversible error even if the pleas stricken should have been allowed to stand.</p> <p>2. In an action upon a simple contract alleged in the declaration to have been made by plaintiff with the defendant through the latter’s agent, a plea of the general issue denies the agency of the person named as the agent of the defendant through whom the contract is alleged to have been made.</p> <p>3. In an action upon a simple contract, the defense that it was not valid under the statute of frauds is available under the general issue.</p> <p>4. Evidence examined and found sufficient to support the verdict.</p>