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PALMER v. R.S. EVANS, JACKSONVILLE, INC.

81 So.2d 635 (1955)

O.L. PALMER, Jr., by his next friend, O.L. Palmer, Sr., Appellant, v. R.S. EVANS, JACKSONVILLE, Inc., a corporation, Appellee.

Supreme Court of Florida, Division B.

Rehearing Denied July 27, 1955.

Attorney(s) appearing for the Case

John L. Nixon and M.W. Goldstein, Jacksonville, for appellant.

Osborne, Copp & Markham, Jacksonville, for appellee.

HOBSON, Justice.

One Hughes, who is not a party to this appeal, drove a car out of the used car lot of R.S. Evans, Jacksonville, Inc., and approximately twenty minutes thereafter struck a motorcycle upon which plaintiff-appellant was riding. Plaintiff sued both Hughes and R.S. Evans for negligence. The sales contract under which Hughes was purchasing the car from Evans was not fully executed until the day after the accident occurred. Evans brought a separate

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