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UNITED STEEL WAREHOUSE CORP. v. METAL PRODUCTS CO.

No. 58-456.

109 So.2d 793 (1959)

UNITED STEEL WAREHOUSE CORP., a New York corporation, Appellant, v. METAL PRODUCTS COMPANY, a Florida corporation, and Abraham Katz, Appellees.

District Court of Appeal of Florida. Third District.

March 12, 1959.

Attorney(s) appearing for the Case

Fred A. Jones, Jr., Miami, for appellant.

Fischbach & Lurie and Louis Glick, Miami, for appellees.

MILLEDGE, STANLEY, Associate Judge.

Appellant sued in the Civil Court of Record of Dade County to recover $2,343.65 as the agreed price and as the value of a truck load of steel shelving sold to the appellees. The plaintiff alleged both on express promise to pay an agreed price and an implied promise to pay the reasonable value of the goods received and used by the defendant.

At the conclusion of the plaintiff's case the trial judge announced that he was about...

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