Opinion
Decision Filed May 7, 1925.
Writ of Error to the Circuit Court for Polk County; John S.E.dwards, Judge.
R. B. Huffaker, for Plaintiff in Error;
No appearance for Defendants in Error.
The declaration herein does not wholly fail to state a cause of action, therefore the demurrer should not have been sustained. McDonald v. Exchange Supply Co., 88 Fla. 80, 101 South. Rep. 28; Pero v. Corlet, 87 Fla. 448, 10 South. Rep. 748.
Reversed.
WEST, C. J., AND WHITFIELD, ELLIS, BROWNE AND TERRELL, J. J., concur.