WOODALLS, INC. v. VARN

No. 278.

99 So.2d 887 (1958)

WOODALLS, INC., a corporation, Appellant, v. D.H. VARN, Jr., J.C. Durrance, J.R. Barnett, Jr., W.L. Davis and M.C. Mann, Appellees.

District Court of Appeal of Florida. Second District.

January 29, 1958.


Attorney(s) appearing for the Case

William G. Carver, of Carver & Langston, Lakeland, for appellant.

William B. Tomasello, Bartow, and Warren H. D'Alessandro, Fort Meade, for appellees.


SHANNON, Judge.

The Circuit Court of Polk County granted a motion to dismiss the plaintiff's complaint and the plaintiff, having declined to further plead, judgment was entered for defendants and the plaintiff appealed.

The action below was to recover from the defendants, individually, formerly the city commissioners, of Fort Meade, Florida, and alleged that they, as city commissioners, failed to require from the prime contractors a surety or performance bond...

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