BOARD OF PUBLIC INSTRUCTION v. ROOD CONST. CO.

No. 63-521.

166 So.2d 701 (1964)

The BOARD OF PUBLIC INSTRUCTION, BROWARD COUNTY, Florida, at the relation of and for the Use and Benefit of MONMOUTH PLUMBING SUPPLY COMPANY, Inc., a Florida corporation, Appellant, v. ROOD CONSTRUCTION COMPANY, a Florida corporation, Maryland Casualty Company, a Maryland corporation, McDonald Air Conditioning, Inc., a Florida corporation, Seaboard Surety Company, a New York corporation and William C. Cameron, Trustee of Patterson Plumbing, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied August 24, 1964.


Attorney(s) appearing for the Case

William A. Ingraham, Jr., Miami, for appellant.

Paul A. Louis, Bertha Claire Lee and Fay L. Becker, Miami, for appellees.

Before BARKDULL, C.J., and HORTON and HENDRY, JJ.


HORTON, Judge.

The Board of Public Instruction of Broward County was the plaintiff and now prosecutes this appeal for the use and benefit of Monmouth Plumbing Supply Company, Inc., which was a materialman under a public works contract. The defendants were the prime contractor, his subcontractors and their sureties pursuant to § 255.05, Fla. Stat., F.S.A.1 and the litigation below resulted in the entry of a summary final judgment adverse...

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