Star Steel Equipment Co. v. Southern Steel Corp.
This text of 11 Fla. Supp. 148 (Star Steel Equipment Co. v. Southern Steel Corp.) is published on Counsel Stack Legal Research, covering Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This appeal is from a summary money judgment in favor of the plaintiff. The plaintiff sued for the price of some steel lockers. The defense was that goods delivered were not of the agreed quality. This presented an issue of fact. In support of the motion for summary judgment the plaintiff submitted an affidavit attaching copies of correspondence from which inferences strongly in favor of the plaintiff might be drawn. These documents do not settle the question of the quality of the lockers. The defendant was not required to put on evidence with contrary inference. In any event, it does not disprove the counterclaim. A summary proceeding is not a trial by affidavit. It is sufficient to cite one of the many cases stating the rule for entering summary judgments— Manning v. Clark (Fla.), 71 So. 2d 508.
The judgment appealed from is reversed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
11 Fla. Supp. 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/star-steel-equipment-co-v-southern-steel-corp-flacirct11mia-1957.