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State Dot v. Cone Brothers Contracting

District Court of Appeal of Florida, First District
Aug 21, 1972
265 So. 2d 63 (Fla. Dist. Ct. App. 1972)

Opinion

P-500.

August 8, 1972. Rehearing Denied August 21, 1972.

Appeal from the Circuit Court for Leon County, Hugh M. Taylor, J.

Geoffrey B. Dobson and Barbara Ann McPherson, Tallahassee, for appellant.

J. Rex Farrior, Jr., of Shackleford, Farrior, Stallings Evans, Tampa, for appellee.


This Court has reviewed the record, briefs and heard oral argument, and we are of the opinion and so hold that the trial court did correctly construe the pertinent paragraphs of the Specifications in question, and that the appellant was bound, at least, by an implied warranty that the materials in question were suitable for the job which was the subject of the contract between appellant and appellee. The verdict and judgment are therefore affirmed.

SPECTOR, C.J., and JOHNSON and WIGGINTON, JJ., concur.


Summaries of

State Dot v. Cone Brothers Contracting

District Court of Appeal of Florida, First District
Aug 21, 1972
265 So. 2d 63 (Fla. Dist. Ct. App. 1972)
Case details for

State Dot v. Cone Brothers Contracting

Case Details

Full title:STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, APPELLANT, v. CONE…

Court:District Court of Appeal of Florida, First District

Date published: Aug 21, 1972

Citations

265 So. 2d 63 (Fla. Dist. Ct. App. 1972)

Citing Cases

Jackson v. L.A.W. Contracting Corp.

This appeal does not involve any claim against the contractor based on breach of implied warranty of fitness…