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CEMENT ROOF. INDUS. INC. v. MORGAN CONST. CO. OF TAMPA

No. 72-316.

276 So.2d 57 (1973)

CEMENT ROOFING INDUSTRIES, INC., Appellant, v. MORGAN CONSTRUCTION COMPANY OF TAMPA, Appellee.

District Court of Appeal of Florida, Second District.

April 13, 1973.

Attorney(s) appearing for the Case

L. Robert Frank, of Allen, Dell, Frank & Trinkle, Tampa, for appellant.

Thomas D. Casper, of Yado, Keel & Nelson, Tampa, for appellee.

MANN, Chief Judge.

Morgan Construction Company of Tampa agreed to construct a building for Cement Roofing Industries, Inc. It was ready to perform but was denied a building permit because of Cement Roofing's failure to perform timely a condition precedent to its issuance. These facts found by the trial judge are supported by substantial, competent evidence. Morgan sued for and got damages for loss of profit on the contract.

Restatement, Contracts § 315...

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