Minick v. Minick Drug Co., Inc.
| Decision Date | 02 August 1935 |
| Citation | 163 So. 228,120 Fla. 621 |
| Parties | MINICK v. MINICK DRUG CO., Inc., et al. |
| Court | Florida Supreme Court |
Rehearing Denied Sept. 9, 1935.
En Banc.
Suit by R. G. Minick against the Minick Drug Company, Inc., and others. From the decree, the plaintiff appeals.
Affirmed. Appeal from Circuit Court, Osceola County; Frank A. Smith, judge.
George P. Garrett, of Orlando, for appellant.
Dickinson & Dickinson, of Orlando, and Murray W. Overstreet, of Kissimmee, for appellees.
This case having been submitted upon the transcript of record and briefs and arguments of counsel, all of which has been duly considered, the court is of the opinion that the decree appealed from should be and the same is hereby affirmed.
On Petition for Rehearing.
We construe the language of the final decree to mean that the chancellor found that there was no fraud in the procuring of the contracts, copies of which are attached to the amended bill as Exhibits 1, 2, and 3, respectively, and made a part thereof, as shown by the transcript. The chancellor expressly declined to make any finding as to whether or not there had been any breach of the contract by Bird M. Robinson which might entitle appellant, who was plaintiff in the court below, to recover damages against Robinson, and declined to enter a money judgment in favor of appellant. The rule is well settled in this jurisdiction that in order to authorize a court of equity to retain jurisdiction and grant a purely legal remedy, such as a judgment for monetary damages for breach of contract, some substantial ground of equitable jurisdiction must be both alleged and proven. Gentry-Futch Co. v. Gentry, 90 Fla. 595, 106 So. 473; Levitt v. Axelson, 102 Fla. 233, 135 So. 553.
Rehearing denied.
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...Coal Co., 105 W.Va. 610, 144 S.E. 410; Robinson v. Campbell, 192 N.W. 644; Koontz v. Houghton, 194 N.W. 1018; Minick v. Minick Drug Co., 163 So. 228; O'Donnell v. Henley, 158 N.E. 692; Soper Conly, 153 A. 586; Yellow Mfg. Acceptance Corp. v. American Taxicabs, 130 S.W.2d 601. (2) The issue ......
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Shay v. New York Life Ins. Co.
...Coal Co., 105 W. Va. 610, 144 S.E. 410; Robinson v. Campbell, 192 N.W. 644; Koontz v. Houghton, 194 N.W. 1018; Minick v. Minick Drug Co., 163 So. 228; O'Donnell v. Henley, 158 N.E. 692; Soper v. Conly, 153 Atl. 586; Yellow Mfg. Acceptance Corp. v. American Taxicabs, 130 S.W. (2d) 601. (2) T......
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