GOTTSCH v. WALKER

No. MM-294.

376 So.2d 879 (1979)

Bob GOTTSCH, Appellant, v. Charlie WALKER, Wayne Walker, James Boland and Fred Williams, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied December 3, 1979.


Attorney(s) appearing for the Case

Cynthia S. Tunnicliff, of Spector & Tunnicliff, P.A., Tallahassee, for appellant.

Robert L. Hinkle and James Elliott Messer, of Thompson, Wadsworth, Messer & Rhodes, Tallahassee, for appellees.


PER CURIAM.

From the evidence the jury could legitimately have inferred that appellant Gottsch caused his agent McCall to submit a bid for appellees' cattle, resulting in a sale and shipment of the cattle, although Gottsch then intended not to pay for the cattle as agreed, and intended rather to resist full payment on spurious grounds. Under instructions from the court which are not here challenged, the jury could therefore have found that Gottsch's bid misrepresented...

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