BARNETT v. CONCRETE PLACING COMPANY, INC.

No. 59-427.

120 So.2d 628 (1960)

Arnold I. BARNETT and Mary Barnett, His Wife, Appellants, v. CONCRETE PLACING COMPANY, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida. Third District.

May 19, 1960.


Attorney(s) appearing for the Case

Jack Ankus, Miami Beach, for appellants.

Paul & Sams, Miami, for appellee.


MILLEDGE, STANLEY, Associate Judge.

This case deals with the duty of a sub-contractor to credit undesignated payments received from a general contractor to the particular debt owed by the debtor when the ultimate source of the payment is the owner of land having a general contractor for the erection of improvements, since the owner, by virtue of the mechanic's lien law, is a statutory surety on the contractor's debt to the sub-contractor on the same job.

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