W. P. SMITH, B. B. BROWN AND J. N. C. STOCKTON, PLAINTIFFS IN ERROR,
v.
BLANCHE D. RENTZ, AS ADMINISTRATRIX OF THE ESTATE OF J. A. RENTZ, DECEASED, DEFENDANT IN ERROR
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court affirmed a judgment for the plaintiff on two promissory notes, but only if the plaintiff agreed to a remittitur to correct an error in the original transaction.
The administratrix should not be awarded judgment on one of the $5,000 notes due to the vendor's error in the property conveyance agreement. The judgment can stand affirmed for the remainder if a remittitur is entered.
“In view of the obligations .of Rentz to his vendees, the defendants below, his administratrix should not on this record be awarded judgment on one of the $5,000.00 notes given as a part of the purchase price of the property.”
This quote explains the court's reasoning for reducing the judgment amount.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe plaintiff, an administratrix, sued on two promissory notes for $5,000 each, given as part of a property conveyance. The total consideration for th…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Interest cases and more on FLexlaw
Per Curiam.
This writ of error was taken to a judgment for the plaintiff predicated upon two promissory notes for $5,000.00 each with interest and attorney fees. The notes were held by the administratrix of the payee and it appears that the notes have reference to a conveyance of property for a total consideration of $45,869.18, a part of which was the payment of notes given by the vendor Rentz for purchase-money indebtedness on the property, but the amount of such indebtedness was by error or otherwise covenanted to be $5,000.00 less than it in fact was. In view of the obligations .of Rentz to his vendees, the defendants below, his administratrix should not on this record be awarded judgment on one of the $5,000.00 notes given as a part of the purchase price of the property. It is, therefore, considered, ordered and adjudged that upon entering a remittitur of the amount covered by one of the $5,000.00 notes, and the interest on-such $5,000.00 note and one half the amount allowed for attorney fee, the judgment will stand affirmed for the remainder; otherwise, the judgment will stand reversed.
Browne, C. J., and Taylor, Whitfield, Ellis and West, J. J., concur.