L. Bucki & Son v. McKinnon

Citations

• 37 Fla. 391

Syllabus

<p>1. Under our statute (McClellan’s Digest, Section 49, paragraph 823-, Revised Statutes, Section 1075) the plea of never was indebted is only applicable to the common counts of a declaration. It is not applicable to a count upon a special contract.</p> <p>2. Although a contract may be invalid because not executed in the form required by the statute, the only effect of such invalidity would be to bar actions to enforce the contract, or to recover damages for a breach of the same. In such a case a recovery could be had for services rendered in performance of the contract, upon the implied promise of the defendant to pay for such services as were received by him and beneficial to him. In such cases, upon a proper common count, evidence of the • special contract can be received for other purposes than that of its direct enforcement.</p> <p>3. An objection was made that the evidence varied from the bill o£ particulars in the following instances: The bill of particulars attached to-the declaration described the logs concerning which suit was brought as “round and crude saw logs,” while the evidence simply shows that the contract was for logs, without prescribing that they should be round and crude: Held, That the court takes judicial notice that all saw logs are, for all practical purposes, considered round and crude, and that the objection is the extremity of technicality and without substantial merit.</p>