Nettles v. Gulf Fertilizer Co.

Citations

• 78 Fla. 490
• 83 So. 298

Syllabus

<p>1 Where a person residing in one place makes a proposal to ' purchase property by letter to a person residing in another pliace and such proposal is there accepted, the place of acceptance, and not the place of the proposal, is the place of the contract.</p> <p>2. A plea of privilege goes to the venue and not merely to the propriety of the service of process on the defendant.</p> <p>3. If the suit is not brought in the county where the cause of action accrued or where the property in litigation is, 'or in the county where one of the defendants resides, service of process on a defendant in another county in which he “is to be found” is not authorized by the statute; and a defendant may insist on his privilege of being sued in the propér county.</p> <p>4. Where a plea of privilege is properly denied, the trial court will not ordinarily be held in error for denying a mere request for permission to plead to the merits, where no plea is offered and no showing is made of an existing defense to the merits.</p>