TERINO BROS., INC. v. AIREY

No. 77-1803.

364 So.2d 768 (1978)

TERINO BROS., INC., Appellant, v. Arthur H. AIREY, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 27, 1978.


Attorney(s) appearing for the Case

Charles E. Bergmann of Yado, Keel, Nelson, Grandoff, Casper, Bergmann & Newcomer, P.A., Tampa, for appellant.

Robert K. Eddy of Nixon & Farnell, Tampa, for appellee.


OTT, Judge.

We affirm the action of the lower court in setting aside the default judgment entered against the appellee.

Appellant (plaintiff below) bought a trenchtrailer from appellee (defendant below). About a year and a half later, appellant agreed to purchase a second trenchtrailer upon the express condition that appellee would repair the first trenchtrailer which had become inoperable due to mechanical problems. A written agreement was entered into to...

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