HARVEY v. GREEN


85 So.2d 829 (1956)

F.W. HARVEY, doing business as F.W. Harvey Iron Works, Appellant, v. Ray E. GREEN, Comptroller of the State of Florida; and Dave Starr, Sheriff of Orange County, Florida, Appellees.

Supreme Court of Florida. Special Division B.

March 2, 1956.


Attorney(s) appearing for the Case

Andrews & Smathers, Orlando, for appellant.

Richard W. Ervin, Atty. Gen., Fred M. Burns and John D. Moriarty, Asst. Attys. Gen., for Ray E. Green, Comptroller.

William H. Dial, Orlando, for Dave Starr, Sheriff.


THOMAS, Justice.

The appellant brought a suit against the Comptroller and the sheriff of Orange County to enjoin the collection by the sheriff of sales taxes upon warrant issued by the Comptroller.

The appellant furnishes supplies and materials for the improvement or repair of real property, so he alleged in his complaint, upon a "cost plus" basis or guaranteed price, and since he has paid all taxes on all materials purchased to fulfill the contracts made...

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