COMMERCIAL MECHANICAL COMPANY v. STATE FOR USE AND BENEFIT OF AMERICAN AIR FILTER COMPANY

No. P-384.

260 So.2d 540 (1972)

COMMERCIAL MECHANICAL Company, a Corporation, and Fidelity and Deposit Company of Maryland, a Corporation, Appellants, v. STATE of Florida FOR the USE AND BENEFIT OF AMERICAN AIR FILTER COMPANY, Inc., a Corporation, Appellees.

District Court of Appeal of Florida, First District.

April 18, 1972.


Attorney(s) appearing for the Case

Rudolph J. Inman, Jr., Jacksonville, for appellants.

O.O. McCollum, Jr., of Thames & McCollum, Jacksonville, for appellees.


PER CURIAM.

Appellant contracted to perform work at a state hospital which included the installation of customized air conditioning equipment. Said equipment was supplied by appellee. The State's contract with appellant provided for a delay penalty of $75.00 per day for late completion. Appellant's contract with appellee whereunder the latter was to furnish the equipment did not contain nor make any reference to a penalty clause.

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