Johnson v. Harrison Hardware & Furniture Co.
| Decision Date | 15 April 1935 |
| Citation | 119 Fla. 470,160 So. 878 |
| Parties | JOHNSON v. Harrison Hardware & Furniture Co. |
| Court | Florida Supreme Court |
Error to Circuit Court, Pinellas County; John U. Bird, Judge.
On petition for rehearing.
Rehearing denied.
For former opinion, see 152 So. 708.
Van Fleet, Collins & Miller, of St. Petersburg, for plaintiff in error.
Wylie & Warren, of St. Petersburg, for defendant in error.
This case was affirmed February 12, 1934, without opinion. It is now before the court for reconsideration on the plaintiff in error's petition for a rehearing.
The declaration was on a single common count for money lent. Two pleas of action barred under the statute of limitations were filed--one being the three-year statute, the other being the five-year statute. Section 4663, C. G. L., section 2939, R G. S., paragraphs 3 and 5. The case finally went to trial on the declaration, pleas of statute of limitations, amended replications to the plea setting up alleged writings evidencing the claim sued upon, together with a rejoinder to the second amended replication. The judgment appealed from was on a directed verdict for defendant on the basis of its plea of the three-year statute of limitations.
Under paragraph 5, of section 4663, C. G. L., section 2939, R. G. S., an action upon a contract, obligation, or liability not founded upon an instrument of writing must be commenced within three years. An action upon any contract, obligation, or liability founded upon an instrument of writing not under seal must be commenced within five years. Paragraph 3, § 4663, C. G. L., supra.
In applying the statute of limitations, where the evidence of liability relied on is partly set forth in writings in the form of letters and the like, but the writings are incomplete in themselves, or are otherwise so indefinite as to necessitate and make unavoidable plaintiff's resort to oral testimony to make complete the showing of any legal liability incurred by the defendant, under the terms of the transaction of which the writings are made a part, such agreement, partly written and partly oral, must be regarded as an oral contract, the liability arising under which is not founded upon an instrument of writing, and the action to recover thereon must therefore be held to be barred by the statute of limitations unless shown to have peen brought within three years, as required by paragraph 5 of...
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In re Standard Jury Instructions—Contract & Business Cases
...as an oral contract, the liability arising under which is not founded upon an instrument of writing.” Johnson v. Harrison Hardware Furniture Co., 119 Fla. 470, 160 So. 878, 879 (1935). 2. An oral contract is subject to the basic requirements of contract law such as offer, acceptance, consid......
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Sickler v. Indian River Abstract & Guaranty Co.
...oral agreement is three years. See Subsection 5 of Section 4663, C.G.L.; Johnson v. Harrison Hdwe. & Furn. Co., 119 Fla. 470, 152 So. 708, 160 So. 878. judgment appealed from is hereby affirmed. WHITFIELD, P.J., and BROWN, J., concur. BUFORD, J., concurs in opinion and judgment. TERRELL, C.......
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Webb v. Powell
...(4th Ed.) § 144; Ball v. Roney, 112 Fla. 186, 150 So. 240; Johnson v. Harrison Hardware & Furniture Co., 119 Fla. 470, 152 So. 708, 160 So. 878; Nuveen v. Quincy, 115 Fla. 510, 156 So. 153, 94 A.L.R. 600; State v. Florida Ry., 80 Fla. 411, 86 So. 691; American Cyanimid Co. v. Wilson & Toome......
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Klein v. Frank
...87 F.2d 983 (5th Cir. 1937); Gulf Life Ins. Co. v. Hillsborough County, 129 Fla. 98, 176 So. 72 (1937); Johnson v. Harrison Hardware & Furniture Co., 119 Fla. 470, 160 So. 878 (1935).14 TR. 137-140.15 The Court stated for the record:However, I found a recent General Motors case which appear......