Citation Numbers: 63 Fla. 354
Judges: Cockrell, Hocker, Shackleford, Taylor, Whitfield
Filed Date: 1/15/1912
Status: Precedential
Modified Date: 9/22/2021
On Rehearing.
— Mr. Bolles in explaining that he did not understandingly sign the agreement in question, testified that previous to the signing he talked with Mr. O’Brien about a one-fourth interest O’Brien was to take and pay for in lands with Bolles and two others, and that the proposition was abandoned as to the two other persons, “but had not been called off in relation to Mr. O’Brien; and this was a continuation of that.” Bolles also testified that the instrument was kept in a safe place and when more than a year after the signing someone mentioned to him the existence of an agreement between Bolles and O’Brien and its probable future effect, he “got the agrément out of the safety vault and looked at it, and was much surprised as to its nature and contents, and I made up my mind I had better speak to Mr. O’Brien about it at the first opportunity I had. In a few days he came in, and when he came in I did speak to him about it, and that was the first time my attention was called as to the character and language of the agreement.”
Eehearing denied.