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CLUTTER CONST. CO. v. NAPLES BUILDERS SUPPLY CO.

No. 64-137.

166 So.2d 813 (1964)

CLUTTER CONSTRUCTION COMPANY, INC., a Florida corporation, Appellant, v. NAPLES BUILDERS SUPPLY COMPANY, Inc., a Florida corporation, Appellee.

District Court of Appeal of Florida. Third District.

August 18, 1964.

Attorney(s) appearing for the Case

Robert L. Koeppel and Marvin S. Maltzman, Miami, for appellant.

Walters, Moore & Costanzo and Arthur D. Deckelman, Miami, for appellee.

Before BARKDULL, C, J., and HORTON and TILLMAN PEARSON, JJ.

PER CURIAM:

Clutter Construction Company, Inc., was sued for goods sold. The complaint annexed a fully itemized statement of the account. For its answer the defendant plead a general denial, and added "never was indebted." At the trial the defendant attempted to cross examine plaintiff's witness as to the quality of the goods delivered. The court sustained plaintiff's objection upon the basis that there was no pleading raising an issue of set-off for inferior goods...

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