O. L. Palmer v. R. S. Evans

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 chancery suit seeking reformation of the contract to show that the sale took place before the accident, and that Hughes was then the owner of the car. On certiorari, we held that the separate chancery suit should be dismissed and that the issue of ownership could be submitted to the jury in the damage suit. See Palmer v. R. S. Evans, Jacksonville, Inc., Fla., 69 So.2d 342.