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BALBOA INS. CO. v. ALPHA ELEC. SUPPLY, INC.

No. MM-256.

373 So.2d 391 (1979)

BALBOA INSURANCE COMPANY, Appellant, v. ALPHA ELECTRIC SUPPLY, INC., Appellee.

District Court of Appeal of Florida, First District.

July 18, 1979.

Attorney(s) appearing for the Case

Donald E. Grincewicz of Law Office of Carrol S. Barco, Orlando, for appellant.

Lawrence Phalin, David L. Evans of Mateer, Harbert, Bechtel & Phalin, Orlando, Jerry D. McWinn, Jacksonville, for appellee.

ERVIN, Judge.

We agree with the surety, Balboa Insurance Company, that Alpha Electric Supply, Inc., a supplier to an electrical sub-contractor on a construction project, did not meet all conditions precedent stated in the bond which it sued upon and therefore the lower court's entry of summary judgment in favor of the supplier was error.

Alpha's complaint specifically alleged that it had complied with all conditions...

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