Supreme Court of Florida, 1947

Barker v. First Bank and Trust Company of Pensacola

Supreme Court of Florida · Decided May 13, 1947 · Buford, Terrell, Barns, Chil-Lingworth

30 So. 2d 381; 158 Fla. 876; 1947 Fla. LEXIS 657 (Southern Reporter, Second Series)

Opinion of the Court

BUFORD, J.:

Appeal is from judgment on demurrer sustained to amend declaration.

*877 By the amended declaration plaintiff attempted to state a cause of action for breach of contract to sell and convey certain real estate.

The trial court held the allegations of the amended declaration failed to show a completed contract not violative of the statute of frauds.

The judgment should be affirmed on authority of our opinion and judgment in the case of Webster Lumber Co. v. Lincoln, 94 Fla. 1097, 115 So. 498; McCay v. Seaver, 98 Fla. 710, 124 So. 44, and cases there cited.

So ordered.

TERRELL, Acting Chief Justice, BARNS, J., and CHIL-LINGWORTH, Associate Justice, concur.

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