Jonas v. City of West Palm Beach

Citations

• 76 Fla. 66
• 79 So. 438

Syllabus

<p>1. In an action by contracts against a City, upon a contract for the construction of public improvements, which contract contains . a provision for the payment of liquidated damages to the city for each day’s delay beyond the time specified for the completion of the work, an allegation that “during the course- of performance of the said contract the time therein specified for completion thereof was waived by the City,” is an immaterial allegation and does not render the declaration subject to demurrer upon the ground that the said allegation is one of a conclusion of law.</p> <p>2. To constitute a valid waiver there must be a right or privilege in existence to be waised.</p> <p>3. A defective -allegation in a declaration of an immaterial fact, does not render the declaration bad upon demurrer. .</p> <p>4. In an action by contractors against a City upon a contract for the construction of certain public works, which contract does not require completion of the work within the time specified as a condition precedent to recovery, an allegation in the declaration that the City without legal justification terminated the contract by ordering the contractors to cease work and to cease to hold further possession of the ground, is sufficient as showing a breach of the contract by the City.</p>