SAX ENTERPRISES v. DAVID & DASH, INC.


92 So.2d 421 (1957)

SAX ENTERPRISES, Inc., trading as Saxony Hotel, Appellant, v. DAVID and DASH, Inc., Appellee.

Supreme Court of Florida, en Banc.

January 30, 1957.


Attorney(s) appearing for the Case

Arthur D. Frishman, Miami Beach, and Weldon G. Starry, Tallahassee, for appellant.

Jepeway & Dauber, Miami, for appellee.


ROBERTS, Justice.

The plaintiff brought suit on the basis of quantum meruit for bedspreads sold to the defendant, and the defendant denied owing anything on the basis that the bedspreads ordered on specifications did not meet the specifications. The defendant, having an urgent need for the items, used them on a temporary basis, but promptly notified the plaintiff they were substandard and not acceptable. There is abundant testimony in the record that the bedspreads...

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