PETRUS v. BUNNELL

No. 1942.

129 So.2d 702 (1961)

Donald R. PETRUS, Appellant, v. James W. BUNNELL and Elizabeth Bunnell, his wife, Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied May 24, 1961.


Attorney(s) appearing for the Case

J. Russell Hornsby, of Hornsby & Newman, Orlando, for appellant.

Benjamin, F. Smathers, of Andrews & Smathers, Orlando, for appellees.


SMITH, CULVER, Associate Judge.

This is an appeal by plaintiff below, from a decree rendered in favor of the defendants. Appellant, a contractor, and the appellees entered into a written contract for construction of a home. The suit arose out of the refusal of appellees to make the final payment, alleged by appellant to be due and owing. The contract was primarily a cost plus ten percent arrangement. It contained no mention of total price, nor any amount as a maximum...

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