RICHARD'S PAINT MFG CO., INC. v. ONYX PAINTS, INC.

No. 77-1245.

363 So.2d 596 (1978)

RICHARD's PAINT MFG. CO., INC., Appellant, v. ONYX PAINTS, INC., a Florida Corporation, and Tri-County Painting, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

October 25, 1978.


Attorney(s) appearing for the Case

Christian D. Searcy and Edna L. Caruso formerly of Montgomery, Lytal, Reiter, Denney & Searcy, P.A., West Palm Beach, and Grady W. White, Melbourne, for appellant.

Bruce A. Zeidel of Chalek & Harris, P.A., West Palm Beach, for appellees.


LETTS, Judge.

This appeal comes to us by way of a third-party complaint resulting in an award to the third-party plaintiff of a sum far in excess of that sought in the original complaint. We reverse in part and remand.

Originally, a wholesale paint dealer sued a customer for an account stated in the sum of $2,458, said account incurred by reason of paint supplied to the customer. Thereafter the customer filed a counterclaim for breach of expressed and implied...

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