Southern Brewing Co. v. Carroll , 128 Fla. 585 ( 1937 )

The plaintiff sued in special assumpsit for the breach of a specific contract of employment. The first plea in effect denied the making of the contract sued on. On this issue, the burden was on plaintiff to prove the contract and its breach. The allegations in the 3rd and 4th pleas did not relieve the plaintiff of this burden. Under our statute a defendant can plead inconsistent pleas. But I concur in the judgment. I think it was a jury question on the issue under the first plea.