West Florida Land Co. v. Lewis
| Decision Date | 09 January 1899 |
| Citation | 40 Fla. 404,25 So. 274 |
| Parties | WEST FLORIDA LAND CO. v. LEWIS. |
| Court | Florida Supreme Court |
Error to circuit court, Walton county; William D. Barnes, Judge.
Action by Andrew Lewis against the West Florida Land Company. Judgment for plaintiff. Defendant brings error. Reversed.
Syllabus by the Court
Where plaintiff in an action for fraud and deceit in the sale of a tract of land testifies that the defendant, at the time of the sale, represented to him that there was a street 75 feet wide fronting the land on the east, it is error to permit another witness, on behalf of plaintiff, to whom, long after the sale was consummated, the defendant pointed out the land stating that he had sold it to plaintiff, to testify that defendant then told her there was a street 75 feet wide on all sides of the tract; such testimony being irrelevant, and not admissible in corroboration of the plaintiff's testimony.
COUNSEL McLeod & Reeves, for plaintiff in error.
Daniel Campbell, for defendant in error.
Defendant in error sued plaintiff in error in the circuit court of Walton county, in an action on the case for fraud and deceit in the sale of a block of land in the vicinity of De Funiak Springs. The declaration alleged that defendant's agent falsely represented that there was a street 75 feet in width fronting the block purchased on the east; that defendant executed to plaintiff a deed which reserved a strip 37 1/2 feet from plaintiff's block on the east, falsely representing that there was reserved from the western portion of the adjoining block 37 1/2 feet for a street, which, with the reservation of 37 1/2 feet from plaintiff's block made a 75-foot street between them. Defendant pleaded the general issue, and also several special pleas, denying particular allegations of the declaration. Issues were joined, and a trial had, resulting in verdict and judgment for plaintiff in the sum of $150, from which defendant sued out this writ of error.
The plaintiff testified that George W. Banfill, defendant's agent, represented to him that 'there was to be reserved from each of the blocks * * * a strip of land thirty-seven and one-half feet wide, so as to make between them a street seventy-five feet wide.' The plaintiff's wife then testified that she married plaintiff after he had purchased the block from defendant; that, some time after her marriage she was out driving with Mr. Banfill; that he showed her the property which he stated he had sold her husband, and stated that there was a street 75 feet wide on all sides of the block. Defendant moved to strike this testimony, contending that it was not pertinent to any issue involved, and that the statement to Mrs. Lewis was made long after the sale was consummated, and constituted no inducement therefor. The court refused this motion, holding that the testimony tended to corroborate the statements or representations claimed by plaintiff to have been made by defendant at the time of making the sale. Plaintiff was then recalled, and testified that Banfill told him that defendant owned both of the blocks of land before referred to, and that 'there was a reservation of thirty-seven and one-half feet from both blocks * * * for a street between them.'
G. W Banfill was sworn on the part of defendant, and testified that he did not represent to plaintiff that there was a 75-foot street between the blocks, but did tell him that, in making sales, defendant was authorized by the owners of the two blocks to reserve from each block a strip 37 1/2 feet wide for the purpose of making a 75-foot street between them; that defendant at that time did have that authority, and exercised it, so far as the block sold plaintiff was concerned, by reserving from his deed 37 1/2 feet for a street; but that when the owner of the other block executed a deed for it, several years after the sale to plaintiff, he neglected to make the reservation which defendant had been authorized to make.
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