NELLO L. TEER COMPANY v. HOLLYWOOD GOLF ESTATES, INC.

No. 20301.

324 F.2d 669 (1963)

NELLO L. TEER COMPANY and United States Fidelity & Guaranty Company, Appellants, v. HOLLYWOOD GOLF ESTATES, INC., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 16, 1963.


Attorney(s) appearing for the Case

Wesley G. Carey, Joseph A. McGowan, Miami, Fla., Charles B. Nye, Durham, N. C., Carey, Terry, Dwyer & Austin, Miami, Fla., for appellants.

L. J. Cushman, Miami, Fla., Lewis Horwitz, Broad & Cassel, Miami Beach, Fla., for appellee.

Before RIVES and JONES, Circuit Judges, and DAWKINS, District Judge.


BENJAMIN C. DAWKINS, Jr., District Judge.

Nello L. Teer Company (Teer), a Delaware corporation, contracted in writing in December, 1959, to raise the level of certain land at Hollywood, Florida, for Hollywood Golf Estates, Inc. (Estates), a Florida corporation. The fill for this purpose (a minimum of 1,250,000 cubic yards) was to be dredged from two lakes and a canal adjoining the property.

The contract provided for a unit price of 45 cents per cubic yard...

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