# Kelly v. Board of Public Instruction

> Supreme Court of Florida · May 3, 1932 · 105 Fla. 398

URL: https://www.frixlaw.com/law-library/cases/3397330

## Case

- **Full name:** Joseph E. Kelly, Plaintiff in Error, vs. the Board of Public Instruction for the County of Baker, State of Florida, a Body Corporate, Defendant in Error
- **Court:** Supreme Court of Florida
- **Decided:** May 3, 1932
- **Citations:** 105 Fla. 398; 141 So. 311
- **Precedential status:** Published
- **Opinion:** Concurrence by Davis
- **Judges:** Davis, Buford
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3397330

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3397330. Public record. Not legal advice.