Mach v. Mayo

Citations

• 80 Fla. 372
• 86 So. 222

Syllabus

<p>1. A plea denying the existence of the relation in which defendants are sued imposes upon the plaintiff the burden of proving the existence of the relation as alleged.</p> <p>2. Whether the facts constituid a partnership relation between persons is a question of law.</p> <p>3. It is competent for a witness to testify as to the facts which it is claimed constitute the partnership relation between certain persons, but he may not tesify as to his opinion concerning the .existence of the relation.</p> <p>4. Instructions upon abstract propositions of law which are inapplicable to the evidence and tend to mislead and confuse the jury to the injury of the complaining party constitute reversible error.</p>