Pettys v. Marsh

Citations

• 24 Fla. 44

Syllabus

<p>1. Contract to make a deed to a lot of land for the purchase money of which a promissoi'y note was given. A warranty deed in the usual form was tendered describing the land in the language of the contract. A plea that the deed was not a sufficient one for lack of description, but pointing out no defect or uncertainty in the description, was, on demurrer, properly held bad.</p> <p>:2. A judgment by default on sustaining demurrer to a plea, is error. If no leave be given to amend the plea or to plead anew, there should be final judgment on the demurrer.</p>