Standard Growers Exchange v. Howard

Citations

• 82 Fla. 97
• 89 So. 345

Syllabus

<p>1. In an action upon a contract for the sale of tomatoes a plea setting up the defense that the tomatoes were received by defendant and sold for the account of the plaintiff is an affirmative defense and the burden of proof is upon the defendant.</p> <p>2. Where the evidence is conflicting upon any question material to the determination of a cause and there is substantia! evidence to support the finding of • the jury upon the question at issue, the finding of the jury will not be disturbed as to that point.</p> <p>3. Where the plaintiff agreed to furnish to the defendant free on board the cars tomatoes free from certain defects, and the defendant sells the tomatoes after finding that they are not free 'from the defects warranted by the contract, the plaintiff may not in an action against the purchaser for the price of the tomatoes recover the contract price, but may under a common count for goods bargained and sold recover the value of the tomatoes.</p> <p>4. Evidence examined and remittitur suggested.</p>