Jones v. Pinellas County

Citations

• 81 Fla. 613
• 88 So. 388

Syllabus

<p>1. Where in a common law action a declaration contains several paragraphs which are numbered but which do not constitute separate counts, a plea so worded as to indicate that it was the defendant’s purpose that the plea should be applied to all the counts in the declaration to which the plea was applicable, yet in its introduction it 'purports to be confined to one count only it will be treated by the court as a plea to all the counts to which it is applicable.</p> <p>2. Action brought by one against another upon a money demand is not proved by a contract in which the defendant promises to pay in a thing other than money.</p> <p>3. Where an action is brought against a county for work done and materials furnished under a contract with the County Commissioners for the erection of a jail building there would be no implied liability against the county to pay for the value of the materials furnished or the work done where the Commissioners in letting the contract have proceeded in violation of the express mandatory provisions of the statute.</p>