George v. Drawdy

Citations

• 56 Fla. 303

Syllabus

<p>■i. A demurrer to a declaration as a whole, which contains the common counts, is properly overruled.</p> <p>2. In an action for breach of contract for failure to deliver all cattle of a certain mark and brand, which contract is definitely and formally executed in writing under seal, and the cattle are neither numbered nor valued as a whole, to authorize a substantial recovery there should be proof of the market value of the cattle, and such recovery will not be sustained when based solely on an alleged remark of the seller anterior to the making of the contract that he would not guarantee any number of cattle, but supposed there were one thousand.</p>