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GULFSTAR INC. v. BORG-WARNER ACCEPTANCE CORPORATION

No. 77-1696.

360 So.2d 454 (1978)

GULFSTAR, INC., Vincent S. Lazzara and Elizabeth Lazzara, Appellants, v. BORG-WARNER ACCEPTANCE CORP., a Delaware Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 28, 1978.

Attorney(s) appearing for the Case

Arky, Freed, Stearns, Watson & Greer and Thomas A. Gribbin, Miami, for appellants.

Smathers & Thompson and James W. Crabtree, Miami, for appellee.

Before HAVERFIELD, C.J., BARKDULL, J., and PARKER, J. GWYNN (Ret.), Associate Judge.

PER CURIAM.

Gulfstar, Inc., and others (appellants) appeal a final judgment entered upon a jury verdict assessing damages of $257,323.54 for breach of a contract of guaranty.

Gulfstar is a boat manufacturer that was selling boats to Underwood Marine. Borg-Warner loaned Underwood money to pay Gulfstar, who guaranteed the repayments by Underwood to Borg-Warner. Five boats were sold by Underwood "out-of-trust"1,

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