Smith v. LeVesque

Citations

• 25 Fla. 464

Syllabus

<p>1. A plea of'failure of consideration sworn to, throws fie onus on plaintiff, and that is not met without other proof than the note itself.</p> <p>2. When a party sells another a tract of land and represents to the buyer, who had never sei-n the land,- that there was at the time a certain number of orange trees, pineapple plants, &<\\, on the same, and it being agreed by the seller that if the number of trees. &c., were not on the land as he represented them to be, he was to allow the buyer a “draw-back ” for the deficiency, and it turns out that there is a large deficiency in the number of trees, plants. &c., the seller is responsible to the purchaser for such deficiency.</p>