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SNEAD CONST. CORP. v. LANGERMAN

Nos. GG-199, HH-395.

369 So.2d 591 (1978)

SNEAD CONSTRUCTION CORP., a Florida Corporation and American Employers' Insurance Company, a Massachusetts Corporation, Appellants, v. Sidney LANGERMAN, Etc., et al., Appellees.

District Court of Appeal of Florida, First District.

Rehearings Denied September 7, 1978.

Attorney(s) appearing for the Case

S. LaRue Williams of Kinsey, Vincent, Pyle & Williams, Daytona Beach, for appellants.

Arthur H. Gehris, III of Elliott, Tindell & Gehris, Daytona Beach, Stephen B. Rakusin, Gainesville, for appellees.

ERVIN, Judge.

Appellees, partners in Avanti Construction, sub-contracted with appellant Snead Construction Company to furnish materials and labor in the construction of two hotels in Daytona Beach. Appellant American Employers' Insurance Company was the surety on Snead's performance and payment bond. The sub-contract provided that Avanti would be paid monthly, based on a percentage of the completion charge; however, before either project was completed, in February...

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