FLOOD v. CLARK

No. 58-480.

111 So.2d 465 (1959)

B.J. FLOOD a/k/a Bernard J. Flood, Helen B. Flood, Mary L. Green, Dagfin H. Rasmussen, Arthur R. Flood, Norman L. Sharp and Mary D. Graham, individually and as co-partners d/b/a Bay Harbor Club Development Co. (not Inc.), Bay Harbor Towers, Inc., a Delaware corporation, Bay Harbor Development Co., a Florida corporation, American Surety Co. of New York, a New York corporation, and Pan American Surety Co., a Florida corporation, Appellants, v. A. Bailey CLARK and Blance P. Clark, d/b/a Atlantic Millworks, a co-partnership, Delmar Cabinet Co., Inc., a Georgia corporation authorized to do business in Florida, Charles Milone and Betty Milone, d/b/a Milone Plastering Co. (not Inc.), Charles Denning, d/b/a Denning Plastic Tops Co. (not Inc.), Maule Industries, Inc., a Florida corporation, and Farreys Wholesale Hardware Co., Inc., a Florida corporation, et al., Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied May 18, 1959.


Attorney(s) appearing for the Case

Eugene W. Sulzberger, Miami Beach, Jack Moore, and Padgett, Teasley & Niles, Miami, for appellants.

Morrissey & Vogel, George H. Salley and W.L. Robinson, Miami, John J. Hunt, North Miami, and Perlman, Litman & Sponder, Miami Beach, for appellees.


STANLEY MILLEDGE, Associate Judge.

Desiring to build and market a co-operative apartment house, a partnership in which Flood was the manager, employed Shinn, a general contractor, to erect the building for $369,040 (with extras). The contract was in the printed American Institute of Architects form for use between owner and contractor. Article IV of this form deals with progress and final payments. The spaces to be filled in indicating the proportion of the contract...

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