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eBook details

• Title: Trans World Marine Corporation v. Major E. Threlkeld and Tortuga Marine Salvage Corporation
• Author : Third District. District Court of Appeal of Florida
• Release Date : January 08, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Per Curiam. Appellants were defendants in the trial court below. The cause of action alleged against them was founded in contract theory and based upon certain oral transactions. After a jury trial which resulted in a verdict for the plaintiffs, defendants moved to amend the pleadings to conform to the evidence, pursuant to Rule 1.15(b), Florida Rules of Civil Procedure, 30 F.S.A., then in effect. The substance of the motion was that the defendants sought to amend their answer to include the defense of failure to comply with the Statute of Frauds, § 725.01, Fla.Stat., F.S.A. This motion was denied, as were motions for judgment n.o.v. and for new trial. The final judgment was entered for the plaintiffs in conformity with the jury verdict, and from this judgment the defendants appeal.

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