Heathcote v. Fairbanks, Morse & Co.

Citations

• 60 Fla. 97

Syllabus

<p>1. A ground of demurrer to a plea that the same “fails to state any sufficient defense to the plaintiff’s cause of action” in effect merely repeats the demurrer and avers that such plea is bad in substance, and is not a compliance with the statute requiring the substantial matters of law intended to be argued to be stated.</p> <p>2. A ground of demurrer to a plea that the same “fails to state any sufficient defense to the plaintiff’s cause of action” will not avail, unless upon a bare inspection of the plea, it should be found so faulty and defective as to constitute no defense to the action.</p> <p>S. A ground of demurrer to a plea “and for other good and sufficient reasons apparent upon the face of the record in said cause” presents nothing for consideration either by the trial or appellate court.</p> <p>4. The sufficiency of a pleading is properly tested by a demurrer.</p> <p>5. Wherever fraud is relied upon in any pleading, either at law or in equity, the allegations or averments should be specific and the facts constituting such fraud should be stated, else such pleading will be held bad for insufficiency upon demurrer.</p> <p>6. In passing upon an assignment based upon a ruling sustaining a demurrer to a plea, an appellate court will restrict its investigation to the grounds stated in the demurrer, unless the plea is so faulty as to constitute no defense to the action.</p> <p>7. In an action at law brought to recover,the balance of the purchase price for a certain gasoline engine and materials, a plea which avers in substance that the plaintiff, through its agent made certain specified representations concerning the machinery in question, by reason whereof the defendant was induced to purchase the same, that such representations turned out to be untrue, so that the machinery could not be used for the purpose for which it was purchased, wherefore the consideration had wholly failed, constitutes a good defense to the action as against a ground of demurrer tha