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TROPICANA POOLS, INC. v. BROWN

No. 72-581.

270 So.2d 751 (1972)

TROPICANA POOLS, INC., a Florida Corporation, Appellant, v. Earl BROWN and Gloria Brown, Appellees.

District Court of Appeal of Florida, Second District.

December 13, 1972.

Attorney(s) appearing for the Case

Lawrence J. Phalin, of Mateer & Harbert, Orlando, for appellant.

Thomas K. Boardman, of Sapp & Boardman, Immokalee, for appellees.

LILES, Judge.

Appellees brought suit against Tropicana Pools, Inc., a Florida corporation, asking for damages in the amount of $569.60, which represented a deposit in payment for the construction of a swimming pool. This action was brought as result of a contract entered into between the pool company and the appellees. The contract contained the following provision:

"It is agreed by the owner that any claim either under this contract or under the warranty...

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