Robinson v. L'Engle

Citations

• 13 Fla. 482

Syllabus

<p>1. It is not necessary under the laws of this State, that a bill of exceptions in civil causes should be sealed by the Judge, the signing by him is sufficient.</p> <p>3. A memorandum made by the Clerk of the Court, in taking down the testimony of witnesses, as that certain questions were asked and not allowed by the court, and exceptions taken, is not a part of the record and does not dispense with the preparation and signing of a bill of exceptions, in order to bring the matter before the appellate court.</p> <p>8. In an action upon an express covenant in a lease for the payment o.f rent, and without conditions, a plea that the lessee was “ deprived of the beneficial use of the premises by the casualties and violence of war,” does not show a defence to the action. The loss of the use of premises by fire, inundation, or external violence, will not exempt the tenant from his express contract to pay rent.</p> <p>4. Where a plea is overruled on demurrer yitli leave to defendant to amend, and taking no exception to the ruling of tlie court, be files an ' amended plea,.be thereby abandons_his first plea and waives bis right to take advantage of the ruling oí the court upon the demurrer, and cannot assign it for error.</p> <p>5. An offer to perform in part the covenant to pay rent, on condition that the lessor will abate the residue of the rent, to-wit: the rent accrued during the time the tenant was deprived of the use of the premises by the violence of war, is not a legal defence, nor a “defence upon equitable grounds ” under the statute.</p> <p>6. A plea of set-off of damages sustained by defendant growing out of a conspiracy against him, entered into by plaintiff and others, will not be sus tained on demurrer. A set-off can be allowed in an action on contract, of matters only growing out of contract, express or implied.</p>