West v. Grainger

Citations

• 46 Fla. 257

Syllabus

<p>1. Under Revised Statutes, sections 1004 and 1744, as amended by chapter 4583, approved June 3, 1897, it is permissible in a common law action to join with a special count seeking to enforce an alleged lien for labor common counts for work done and materials furnished, and upon accounts stated.</p> <p>3. Where a declaration contains a special count seeking enforcement of an alleged lien and also complete common counts for work done and materials furnished and upon account stated, with other allegations following the common counts applicable to the matters set up in the special count alone, and the defendant demurs to the whole declaration, and also to every part thereof except the common counts, and the court overrules the demurrer to the whole declaration, but sustains it as to the stated portions, it is not error for the court to require the defendant to plead to the common counts without requiring plaintiff to first amend his declaration by striking the matter held bad on demurrer.</p> <p>3, .G. was continuously employed by B. from January, 1893, until August, 1898, as general overseer in the latter’s turpentine business, and allowed the money due him for services to accumulate until he ceased work, when there was a large balance due him. W., W. & Co. in 1896 purchased certain notes and a mortgage held by one McC. against B. and began to advance him money, and in February, 1897, B. executed to them a mortgage to secure certain notes and other advances to be made, the mortgage covering substantially all his property, and containing an obligation to ship them as fast as manufactured the products of his turpentine farm. About the time W., W. & Co. began business with B. one C., a member of the firm, called to see B. at his turpentine farm and told him that W., W. & Co. had purchased the notes and mortgage held by McC., and discussed business matters with him. B. told C. he had G. employed and stated the amount he then owed him. During this visit C. .verbally stat