HAMILTON v. WALKER CHEMICAL & EXTERMINATING CO.

No. 69-373.

233 So.2d 440 (1970)

Leonard HAMILTON, Appellant, v. WALKER CHEMICAL & EXTERMINATING CO., Inc., a Florida Corporation, and B.J. Walker d/b/a Walker Chemical & Exterminating Co., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 22, 1970.


Attorney(s) appearing for the Case

William L. Eagan, of Arnold, Matheny & Eagan, Orlando, for appellant.

E. Paul Brigman, Jr., Orlando, for appellees.


WALDEN, Judge.

Defendants are in the termite exterminating business. Plaintiff sued them charging negligence on their part and breach of contract in failing to detect termites in a house purchased by plaintiff. The case was tried to a jury on the negligence counts and resulted in a verdict for plaintiff and against defendants in the sum of $4,070.00. Plaintiff had claimed damages of $6,743.93. The trial judge set the verdict aside and granted defendants' motion for...

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