Vining v. Sutton

District Court of Appeal of Florida

Vining v. Sutton

242 So. 2d 730, 1971 Fla. App. LEXIS 5488

District Court of Appeal of Florida·Decided January 12, 1971·No. No. 70-438·Published·Cited by 1 cases

Opinion

PER CURIAM.

This is an appeal from a final judgment for the plaintiff entered after a trial without jury. The essential question presented on the appeal is whether the record reveals evidence as to a consideration for the written personal promise of a corporate officer to pay a corporation debt. The evidence before the court was sufficient to support a finding that the . plaintiff agreed to forego legal action, including possible lien rights, in return for the written promise. The record is sufficient to support the judgment. Knight & Wall Co. v. Tampa Sand Lime Brick Co., 55 Fla. 728, 46 So. 285 (1908) ; Henderson v. Kendrick, 82 Fla. 110, 89 So. 635 (1921); see 7 Fla. Jur., Contracts § 49.

Affirmed.

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PER CURIAM.

This is an appeal from a final judgment for the plaintiff entered after a trial without jury. The essential question presented on the appeal is whether the record reveals evidence as to a consideration for the written personal promise of a corporate officer to pay a corporation debt. The evidence before the court was sufficient to support a finding that the . plaintiff agreed to forego legal action, including possible lien rights, in return for the written promise. The record is sufficient to support the judgment. Knight & Wall Co. v. Tampa Sand Lime Brick Co., 55 Fla. 728, 46 So. 285 (1908) ; Henderson v. Kendrick, 82 Fla. 110, 89 So. 635 (1921); see 7 Fla. Jur., Contracts § 49.

Affirmed.

Vining v. Sutton, 242 So. 2d 730, 1971 Fla. App. LEXIS 5488 (Fla. Ct. App. 1971).

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