Savage v. Ross

Citations

• 59 Fla. 407

Syllabus

<p>In an action at law on a written lease to recover rent in one count of the declaration, and for a breach of covenant in a second count, when the written lease is made a part of each count the question of a variance between the terms and conditions of the lease itself and the claims set up in the declaration cannot properly be raised on the trial by objecting to the introduction in evidence of the written lease under the plea of non est factum. This question should be presented by demurrer to the declaration.</p>