EAST COAST DRY GOODS CO. v. SOMERSET SPORTSWEAR, INC.

No. 62-508.

151 So.2d 68 (1963)

EAST COAST DRY GOODS CO., Inc., a Florida corporation, Appellant, v. SOMERSET SPORTSWEAR, INC., a Massachusetts corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied April 4, 1963.


Attorney(s) appearing for the Case

Garber & Chadroff, Miami, for appellant.

Quinan & Swanko, Miami, for appellee.

Before PEARSON, TILLMAN, C.J., and HORTON and HENDRY, JJ.


PER CURIAM.

The defendant appeals a final judgment for the plaintiff upon an account stated. The defendant-appellant does not bring to this Court a transcript of the testimony. He relies entirely on the proposition that his plea of "payment in full" was conclusively proved by a paid check which was admitted in evidence.

The check was for an amount less than the account stated and bore the following printed legend: "This check is in settlement of the following...

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