HOBBLEY v. SEARS, ROEBUCK & CO.

No. AU-67.

450 So.2d 332 (1984)

Mack HOBBLEY and Dorothy H. Hobbley, Appellants, v. SEARS, ROEBUCK AND COMPANY, Appellee.

District Court of Appeal of Florida, First District.

May 23, 1984.


Attorney(s) appearing for the Case

J. Dixon Bridgers, III of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Pensacola, for appellants.

Thomas E. Wheeler, Jr. of Fisher, Bell, Hahn & Schuster, Pensacola, for appellee.


JOANOS, Judge.

Mack Hobbley and Dorothy Hobbley appeal from the trial court's final judgment striking Count II of their complaint — a claim for damages for physical discomfort and embarrassment. The issue before us is whether the damages sought by the Hobbleys were in contemplation of the respective parties at the time of entering into the agreement. We reverse in part.

The evidence presented included the following. On December 3, 1980, the Hobbleys...

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