Moulie v. Hughes

Citations

• 28 Fla. 617

Syllabus

<p>1. In an action on a contract that defendants agreed to take and pay for all the perfumes and beverages of plaintiff’s manufacture during the period of one year, the breaches alleged were, that defendants, after part performance of said contract, refused to take and pay for goods as therein provided; and defendants pleaded that they had kept and performed all matters and things specified in said contract to be kept and performed on their part. The findings of a referee on the issues of fact thus tendered accorded the same consideration as the verdict of a jury.</p> <p>á. The. acceptance of the finding of the referee as correct that defendants had not violated their contract with plaintiff, renders it unnecessary to enquire into the extent and measure of plaintiff’s rights in the uncompleted portion of such a contract.</p> <p>8. All debts and demands mutually existing between the parties at the commencement of suit are proper subjects of set-off, but the terms “ debts and demands ” refer to matters arising out of contract express or implied.</p>