Henry

The appeal in this case was taken to the district court of appeal in and for the third appellate district. There the order appealed from was reversed. The opinion, prepared by Hart, J., reads in part as follows:—

Within due time, the respondents applied to this court for an order that the cause be heard and determined here. In their application they state that the opinion filed in the appellate court correctly states the facts, so far as it does state the facts. They expressly “accept as unquestioned and undoubted law every principle announced by that court in support of its judgment.” Under these circumstances, we may well rest our disposition of the matters considered in the appellate court on the grounds there stated, and we accordingly approve and adopt the foregoing portions of the opinion of that court.

It is, however, contended by the respondents that the court of appeal overlooked a material fact, alleged by respondents and found in their favor by the trial court. The plaintiffs’ .answer to the cross-complaint averred that in its circulars and prospectuses the defendant represented that “the history of the previous operations of said cross-complainant corporation showed…