(concurring specially)
While I concur in the decision, I would place it upon a different basis. The plaintiff, appellee, was fully apprised by the •City’s answer of the necessity of proving notice under the City Charter. At the trial when he failed to prove the condition precedent to his action the defendant, City, was entitled to a final judgment. Town of Miami Springs v. Lasseter, Fla.1952, 60 So.2d 774.