Citation Numbers: 142 So. 598, 106 Fla. 16
Judges: PER CURIAM. —
Filed Date: 6/16/1932
Status: Precedential
Modified Date: 1/12/2023
It seems to me that a jury's verdict in a suit ex contractu, which is not reconcilable with any theory of the case advanced by either plaintiff or defendant, is subject to being set aside on motion of either party dissatisfied with it.
The majority opinion admits that there is no basis for the verdict in the record. This Court has held that where a verdict is founded upon a misapplication of the facts, a new trial should be granted. Fla. Fire etc. Ins. Co. vs. Hart,