Huffstetler v. Our Home Life Insurance

Citations

• 67 Fla. 324
• 65 So. 1

Syllabus

<p>1. In passing upon an assignment based upon a ruling sustain- ' ing a demurrer to a plea, an appellate court will restrict its investigation to tbe grounds stated in tbe demurrer, unless tbe plea is so faulty as to constitute no defense to tbe action.</p> <p>2. Whenever fraud is relied upon in any pleading, either at law or in equity, the allegations or averments should be specific and the ultimate facts constituting the particular fraud relied upon should be stated with certainty and distinctness, else such pleading, upon proper attack, will be held bad. The sufficiency of pleas setting up fraud as a defense is properly-raised by demurrer.</p> <p>3. To constitute fraud, a representation must be of a specific material fact that is untrue and known to be so, and. stated for the purpose of inducing another to act, upon which statement the other relies in acting to his injury.</p> <p>4. Averments in pleas of mere opinio js and promises and of indefinite matters are not sufficient to.show fraud.</p> <p>5. In averring false representations, ultimate material facts, not opinions or promises, directly affecting the transaction should be clearly and distinctlv stated showing the specific representations made and relied on, the falsity of the representations, and the resulting injury to the party to whom they were made from acting thereon.</p> <p>(i. Where there is in fact a default, the omission to make an entry thereof may be a merely technical and harmless error.</p>