Southern Ferro Concrete Co. v. Federal Terra Cotta Co.

Citations

• 79 Fla. 376
• 84 So. 171

Syllabus

<p>1. Under the statute permitting the sufficiency of an answer, or portion of an answer, in equity to he tested by a motion to strike, such motion should not be granted unless the matter sought to be stricken is wholly insufficient as a 'defense to the bill.</p> <p>2. A pleading should not be stricken unless it is wholly irrelevant and insufficient.</p> <p>3. Section 1 of Chapter 6907, Acts of 1915, makes the provisions of Rule 30 of the new equity rules of the Federal Courts a part of the statute law of this State.</p> <p>4. Under the statute an answer in equity “may, without cross bill, set out any set-off or counter-claim against the plaintiff which might be the subject of an independent suit in equity against him,” and in a suit to enforce a material-man’s lien damage and losses averred to have been proximately occasioned to defendant by reason of delays of plaintiff in furnishing drawings and blueprints to be used in the construction of a building which defendant was under contract to construct and delays of plaintiff in making deliveries of materials to be used in such building beyond the time fixed in the contract of purchase for making deliveries of such drawings and blueprints and such materials may be set off against the plaintiff’s claim in a suit to recover the contract price of such materials.</p>