RENUART LUMBER YARDS v. STEARN


95 So.2d 517 (1957)

RENUART LUMBER YARDS, Inc., a Florida Corporation, Appellant, v. Edward A. STEARN and Bernard N. Jarrett, a sole proprietor, doing business as Palmer & Jarrett, Appellees.

Supreme Court of Florida, En Banc.

May 29, 1957.


Attorney(s) appearing for the Case

Robertson & McLeod, Coral Gables, for appellant.

Howard Hadley, Miami, for appellees.


ROBERTS, Justice.

In a suit by a subcontractor to foreclose a materialman's lien under Ch. 84, Fla. Stat. 1955, F.S.A., against the owner's property, the lower court held that an initial payment, a progress payment and a portion of the final payment made by the owner to the general contractor under the direct contract were "properly paid" so that the plaintiff was entitled only to share pro rata with other lienors the amount ($2,400) remaining due and unpaid under...

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