Standard Growers' Exchange v. Martin

Citations

• 80 Fla. 864
• 87 So. 54

Syllabus

<p>1. A verdict will not be disturbed upon the ground that it is unsupported by the evidence, when the trial court after ordering a substantial remittitur concurs in the verdict so modified and there is substantial evidence to support the verdict as so modified.</p> <p>2. A contract between the -parties for the sale and purchase of the oranges growing upon the trees of several groves, under the terms of which the purchaser paid the sum of fifteen hundred dollars upon the execution of the contract, half of which sum was to be applied to the payment for the early bloom fruit, which was to be removed by him before December 25th, and half to the payment for the late bloom fruit to be removed in March, is entitled to a credit of the remaining seven hundred and fifty dollars upon a demand for pay ment for the fruit of the early bloom, which was not removed at the date agreed upon by the purchaser, and which was lost by injurious effects of a frost occurring in January.</p> <p>3. The principle upon which a remittitur is directed to be entered is: the court considers the damages as returned by the jury to be excessive.</p> <p>4. In a common law action where there has been a verdict for the plaintiff, a remittitur ordered by the trial court, but which is not deemed sufficient because of the failure of the court to allow the defendant credit for a certain sum of money held by the plaintiff for the defendant’s use, this court will, acting under Section 1707, General Statutes, direct a further sum to be remitted by the plaintiff to the defendant.</p>