Key v. Moore

Citations

• 78 Fla. 205
• 82 So. 810

Syllabus

<p>1. Where a written instrument is set out in the declaration in haeo verha and a plea filed which adds conditions and stipulations which are not included in said writing and from the plea it is apparent that it is the foundation for the introduc-' tion of parol evidence to vary or contradict such instrument such plea is demurrable.</p> <p>2. In determining the correctness of a charge the whole charge as given should be considered and if the whole charge given when taken together states the law correctly then there is no error although portions of the charges considered separately might be erroneous.</p> <p>3. Where the evidence in a ease is Conflicting and h|as been passed upon by a jury and the judge presiding at the trial has refused a new trial the appellate court will not reverse if there is evidence which if believed by the jury would sustain the verdict upon the ground that the verdict is contrary to or not supported by the evidence.</p>