Thomas v. Walden

Citations

• 57 Fla. 234

Syllabus

<p>1. “Not guilty” and “never indebted” are not proper pleas in actions upon express contracts.</p> <p>2. The pleader should specify the condition precedent the performance of which he intends to contest.</p> <p>3. After issue has been joined upon a pleading not wholly bad, a; demurrer ore terms thereto is not a matter of right at the trial.</p> <p>4. The refusal to permit the filing of additional pleas must be-excepted to, and form part of the bill of exceptions, to be reviewed.</p> <p>5- When vendors are wholly unable j;o give title to a considerable portion of land contracted to be sold, strict legal tender by the vendee is not'necessary.</p>