ALBERT BJORAAS, APPELLANT,
v.
SOUTH FLORIDA CO., A CORP., CALVERT MORTGAGE CO., A CORP., CLARA L. SCOTT, HER HUSBAND, M. E. APPLETON, A FREE DEALER, AND R. H. HARTLEY, APPELLEES
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In a foreclosure action on a statutory lien for work and materials, the Florida Supreme Court reversed the trial court's order sustaining demurrers to the bill of complaint. The Court held that the bill's allegations, though general in nature, were sufficient to withstand a demurrer and proceed to trial.
The demurrers should not have been sustained. A bill of complaint alleging a statutory lien for work and materials need not contain exhaustive itemization and specification of every detail; general allegations of work done and materials furnished are sufficient to withstand a demurrer and allow the case to proceed.
“The Bill of Complaint is vague, uncertain and indefinite, in that same does not appraise these defendants of the nature of the charge upon which the lien sought to be foreclosed thereunder is based.”
The grounds for demurrer filed by certain defendants challenging the sufficiency and clarity of the complaint.
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Join FLexlaw to unlock all legal intelligenceBjoraas filed a bill to foreclose a statutory lien based on work done and material furnished. Multiple defendants filed demurrers challenging the suff…
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Per Curiam.
In this ease bill ivas filed to foreclose a statutory lien for work done and material furnished.
A demurrer was filed, by certain defendants, to the bill upon the grounds that, “The Bill of Complaint is vague, uncertain and indefinite, in 'that same does not appraise -these defendants of the nature of the charge upon which the lien sought to be foreclosed thereunder is based.”
A demurrer was filed by another defendant upon the ground, 1st, “Because of lack of definiteness and certainty in the allegations thereof respecting the kind, delivery and reasonableness of the value of the labor and materials averred to have been furnished at the request of the defendant;” 2nd, “and for lack of sufficiency in the allegation of the bill in this: there is no specification of the items of labor and material so furnished and no allegation respecting the amount of material and kind of materials furnished and no enumeration of the days of labor or class of labor performed, nor time of performance thereof, nor .averment that the amounts sought to be recovered were reasonable and that the balance is justly owing.”
The demurrers to the Bill of Complaint were sustained and appeal was taken from such order. 'The order of the Chancellor should be reversed upon authority of the opinion in the cases of Mills v. Britt, 56 Fla. 839; 47 Sou. 799; Downing v. Carlton, 76 Fla. 490; 80 Sou. 57; Key West Wharf & Coal Company et al. v. Porter, 63 Fla. 448; 58 Sou. 599; and cases there cited; also Wells, et al. v. Williams et al. 80 Fla. 498; 86 Sou. 339; Mitchell v. Mason 65 Fla. 208; 61 Sou. 579, and it is so ordered.
Reversed.
Whitfield, P. J., and Terrell and Buford, J. J., concur ;
Ellis, C. J., and Brown, J., concur in the opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Mitchell v. Mason, 65 Fla. 208 (Fla. 1913)
- Key W. Wharf & Coal Co. & Jeanette L. Murphy v. Louisa Porter, 63 Fla. 448 (Fla. 1912)
- Jewell P. Wells v. Williams, 80 Fla. 498 (Fla. 1920)
- Mills v. Britt, 56 Fla. 839 (Fla. 1908)
- Downing v. Carlton, 76 Fla. 490 (Fla. 1918)