MERSHON v. BUCKLES-THOMPSON, INC.

No. OO-425/T1-140.

383 So.2d 280 (1980)

C. Conrad MERSHON, Jr., Appellant, v. BUCKLES-THOMPSON, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fifth District.

May 7, 1980.


Attorney(s) appearing for the Case

Jeffrey C. Fulford of Adams & Hill, Orlando, for appellant.

John D. Mussoline of Clark & Mussoline, Palatka, for appellee.


PER CURIAM.

The complaint in this case alleges performance of an oral contract for land clearing and a balance due under the contract. Although the complaint alleges that a claim of lien had been filed, there is no request to foreclose that claim of lien. Even if interpreted as a foreclosure of a mechanic's lien, the proof at time of trial only sustains a suit for damages on an oral contract. There is no evidence as to notice to owner or to show that it qualifies...

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