Florida Central & Peninsular Railroad v. Ashmore

Citations

• 43 Fla. 272

Syllabus

<p>1. A demurrant should be held to waive or abandon all objections to his adversary’s pleading not stated as a matter to be argued on demurrer, except those extending to such essential and vital defects'in pleading as to show no cause of action or matter of defense, and such as are incapable of being cured by the statute of jeofails.</p> <p>2. If a' declaration'which is demurred to is defective only in containing inartificial allegations of the facts necessary to show a cause of < action, those imperfections-not assigned as grounds of demurr'er will be thereby waived. But if there is in the declaration no allegation, suggestion or 'allusion to facts necessary to create liability, and such facts are not implied from those which are alleged, the defect is not waived, nor would it be cured by verdict.</p> <p>3. When the allegations of a declaration containing only one count are repugnant to and inconsistetnt with each other, such allegations neutralize each other, and the declaration will be held bad on demurrer.</p> <p>4. Where a person has been constituted the special agent of another to do a particular thing, and his authority'to do this particular thing has been revolted before he acts in the matter, the principal will not be bound by a subsequent performance of the act, where the latter has not held the agent out as having the authority notwithstanding such revocation and has not subsequently ratified the act.</p>