ARKIN CONSTRUCTION CO. v. REYNOLDS METALS COMPANY

No. 19433.

310 F.2d 11 (1962)

ARKIN CONSTRUCTION CO., Inc., Appellant, v. REYNOLDS METALS COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

November 14, 1962.


Attorney(s) appearing for the Case

Milton E. Grusmark, Sibley, Grusmark, Giblin, King & Levenson, Miami Beach, Fla., for appellant.

W. O. Mehrtens, James E. Glass (Mershon, Sawyer, Johnston, Simmons & Dunwody), Miami, Fla., of counsel, for appellee.

Before JONES and BELL, Circuit Judges and CARSWELL, District Judge.


GRIFFIN B. BELL, Circuit Judge.

Appellee, a subcontractor, sued appellant, the general contractor, for the balance due under the contract between the parties. Summary judgment was entered in favor of appellee.

The undisputed facts were that appellant agreed in writing to pay appellee the sum of $320,000 for certain specified work to be done. Both progress and final payments were to be made upon approval and acceptance of the work by the architect.

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