Opinion

Treadway v. Terrell

  • 117 Fla. 838
  • 158 So. 512
Court
Supreme Court of Florida
Filed
Jan 4, 1935
Status
Published
On the bench
Brown, Buford, Davis, Ellis, Terrell, Whitfield
Cited by
39 cases
Authority
More cited than 37.4%

The opinion

The words, "any claim," used in the statute here under consideration, are very broad and comprehensive, and they are only limited by the statute in certain named particulars, viz.: (1) the claim must arise, or must have arisen, (2) against the State Road Department, under a contract for work done, (3) subsequently to June 7, 1933, and (4) it must not be such a claim as would require an action sounding in tort for its recovery. The time within which suits must be brought on such claims is *Page 859

provided in the Act, and the suits must be such as are cognizable "at law or in equity."

The broad scope of the word "claim" has long been recognized — as far back as the time of Lord Coke, who said that "the word demand is the largest word known to the law, save, only claim." That the word "claim" is broad enough to, and does cover, interest as well as principal, unless the statute had expressly otherwise provided, is plain to my mind. See 11 C. J. 816, et seq. In Sullivan v. McMillan, 37 Fla. 134 , 145 , 19 So. 340 , it was held that "Whenever it is ascertained that at a particular time money ought to have been paid, whether in satisfaction of a debt, or as a compensation for a breach of duty, or for a failure to keep a contract, interest attaches as an incident."

There is, therefore, no showing of a lack of power or jurisdiction to impose a judgment or award against the State Road Department for interest, as well as principal.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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