Metschan v. Standard Wine Spirits Co., Inc.

Supreme Court of Florida

Metschan v. Standard Wine Spirits Co., Inc.

6 So. 2d 392, 149 Fla. 523, 1942 Fla. LEXIS 821

Supreme Court of Florida·Decided February 17, 1942·Published

Opinion

PER CURIAM:

Writ of error brings for review judgment in favor of defendant on directed verdict.

Having considered the entire record, we reach the conclusion that upon the whole evidence, though in some respects conflicting, and the application of the controlling principles of law thereto, the plaintiff was precluded from recovery and, therefore, no reversible error is made to appear. See Johnson v. Louisville, etc., R. Co., 59 Fla. 305, 52 Sou. 195; Stevens v. Tampa *524 Alec. Co., 81. Fla. 512, 88 Sou. 303; Biscayne Trust Co. v. Pennsylvania Sugar Co., 103 Fla. 155, 137 Sou. 147.

Judgment affirmed.

So ordered.

WHITFIELD, TERRELL, BUFORD, CHAPMAN, THOMAS and ADAMS, JJ., concur. BROWN, C. J., dissents.

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PER CURIAM:

Writ of error brings for review judgment in favor of defendant on directed verdict.

Having considered the entire record, we reach the conclusion that upon the whole evidence, though in some respects conflicting, and the application of the controlling principles of law thereto, the plaintiff was precluded from recovery and, therefore, no reversible error is made to appear. See Johnson v. Louisville, etc., R. Co., 59 Fla. 305, 52 Sou. 195; Stevens v. Tampa *524 Alec. Co., 81. Fla. 512, 88 Sou. 303; Biscayne Trust Co. v. Pennsylvania Sugar Co., 103 Fla. 155, 137 Sou. 147.

Judgment affirmed.

So ordered.

WHITFIELD, TERRELL, BUFORD, CHAPMAN, THOMAS and ADAMS, JJ., concur. BROWN, C. J., dissents.

Metschan v. Standard Wine Spirits Co., Inc., 6 So. 2d 392, 149 Fla. 523, 1942 Fla. LEXIS 821 (Fla. 1942).

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