Pensacola Lumber Co. v. Sutherland-Innes Co.

Citations

• 50 Fla. 244

Syllabus

<p>1. ‘Pleas on equitable grounds’ in actions at law must be purely defensive and are never admissible when they raise issues with which the court on its common law side is competent to deal.</p> <p>2. To an action for breach of a lumber contract, a ‘plea in equitable grounds’ to the effect that the real consideration for the contract sued on was another contract or combination entered into by the parties with three other lumber dealers designed to control the price of lumber in that port, which other contract or combination the plaintiff had violated, and that by mistake of law the latter was not written into the contract sued on, is bad and a demurrer thereto is properly sustained.</p>