Florida Fire & Casualty Insurance v. Hart

Citations

• 73 Fla. 970
• 75 So. 528

Syllabus

<p>1. A new trial will not be ordered if it appears that the verdict was founded upon a consideration of conflicting evidence as to the material facts.</p> <p>2. Where the evidence does not tend to prove the material facts necessary to support the verdict under the pleadings or the verdict was found upon a misapplication of the facts a new trial should be granted.</p> <p>3. An allegation in a declaration that the plaintiff was elected by the Board of Directors of the defendant corporation as secretary for the company at a salary of two hundred dollars per month and then and there employed the plaintiff in such capacity until the next annual meeting of the company at the salary stated, is not supported by a resolution adopted by the Board of Directors the same day providing that: “The secretary of said company be granted the salary of two hundred dollars a month; that he is to take position as general manager of both fire and casualty departments.”</p> <p>4. There can be no recovery by the plaintiff in a'n action at law unless the evidence supports the case as made by the declaration. However meritorious a cause may be as shown by the evidence, if it is variant in substance from that pleaded by the plaintiff, there can be no recovery.</p>