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WACKENHUT CORP. v. CONNER

No. 81-2589.

420 So.2d 383 (1982)

The WACKENHUT CORPORATION, Appellant, v. F.A. CONNER, Appellee.

District Court of Appeal of Florida, Third District.

October 12, 1982.

Attorney(s) appearing for the Case

Susan Minor, Tallahassee, for appellant.

Don G. Nicholson, Miami, for appellee.

Before NESBITT, BASKIN and FERGUSON, JJ.

PER CURIAM.

In order to maintain an action for breach of an oral contract a plaintiff must first establish performance on its part of the contractual obligations assumed. Babe, Inc. v. Baby's Formula Service, Inc., 165 So.2d 795 (Fla. 3d DCA 1964).

Where the defendant continually complained that the requested services were not being performed, the plaintiff may not recover upon a theory of account stated, Merrill...

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