Public-domain · open source
OpenJurist

376 So. 2d 879

Gottsch v. Walker

District Court of Appeal of Florida

Decided October 26, 1979

District Court of Appeal of Florida · decided 1979-10-26

Cited by 2 later decisions — most recently July 1987

2 state decisions

Relies on Murphy v. Green · Home Seekers Realty Co. v. Menear

Good law ✅— No negative treatment on recordhow we know

Decided 1979-10-26

View the full empirical analysis of this case →

PER CURIAM.

¶1From the evidence the jury could legitimately have inferred that appellant Gottsch caused his agent McCall to submit a bid for appellees’ cattle, resulting in a sale and shipment of the cattle, although Gottsch then intended not to pay for the cattle as agreed, and intended rather to resist full payment on spurious grounds. Under instructions from the court which are not here challenged, the jury could therefore have found that Gottsch’s bid misrepresented his intention at the time of sale and that appellees were entitled to compensatory and punitive damages. E. g., Home Seekers’ Realty Co. v. Menear, 102 Fla. 107, 135 So. 402 (1932). Appellant’s other point is also without merit.

¶2AFFIRMED.

ROBERT P. SMITH, Jr., Acting C. J., and SHIVERS and SHAW, JJ., concur.
/376/so2d/879 · .json · Public domain