Opinion

Kelly v. Board of Public Instruction

  • 105 Fla. 398
  • 141 So. 311
Court
Supreme Court of Florida
Filed
May 3, 1932
Status
Published
Author
Davis
On the bench
Davis, Buford
Cited by
6 cases
Authority
More cited than 37.8%

The opinion

Davis, J.

(Concurring).—Conditions precedent may be alleged in general terms to have been complied with by plaintiff. Good pleading requires the

defendant

to specify with particularity just what condition plaintiff did not comply with. W. O. W. vs. McDonald, 76 Fla. 599 , 80 So. 566 , 3rd headnote. On the authority cited I think the general allegation of performance off the contract by plaintiff was sufficient and that it was up to defendant by plea to specify with particularity which one of the conditions it wanted to contest. But see Kidd vs. Jacksonville, 91 Fla. 380 , 107 So. 677 .

Ellis, J., concurs.

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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