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VIKING COMMUNITIES CORP. v. PEELER CONST. CO.

No. 77-1569.

367 So.2d 737 (1979)

VIKING COMMUNITIES CORP., Now Known As Communities Financial Corporation, Appellant, v. PEELER CONSTRUCTION CO. and Star Construction Co. of Ft. Pierce, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

February 21, 1979.

Attorney(s) appearing for the Case

Leonard Jaffe, Miami, and Gerald Mager, of Abrams, Anton, Robbins, Resnick, Schneider & Mager, Hollywood, for appellant.

Devitt J. Adams, Fort Pierce, for appellee Star Construction Co. of Ft. Pierce, Inc.

BERANEK, Judge.

Viking Communities, plaintiff below, here appeals a final judgment entered in favor of Star Construction on a counterclaim in a third-party action.

Star Construction contracted with Viking to perform certain excavations on Viking's construction project. Payment was based on a unit price for the volume of material excavated. The contract estimated the volume of excavation and established a dollar amount which was not to be exceeded. The contract...

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