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PERRY v. O.S.B. CONST., INC.

No. 82-1447.

430 So.2d 985 (1983)

Phil PERRY, Appellant, v. O.S.B. CONSTRUCTION, INC., and Oscar Benitez, Appellees.

District Court of Appeal of Florida, Third District.

May 10, 1983.

Attorney(s) appearing for the Case

Sweetapple & Kamilar and Mark Kamilar, Miami, for appellant.

Taylor, Brion, Buker & Greene and Arnaldo Velez, Miami, for appellees.

Before BASKIN, DANIEL S. PEARSON and JORGENSON, JJ.

PER CURIAM.

The trial court erred in awarding as damages the contract price minus the sum of the percentage of the contract not completed. The remedy in a suit by a contractor against an owner for breach of an unexecuted contract is either the contractor's damages resulting from the breach or quantum meruit for the value of services rendered and materials furnished. Poinsettia Dairy Products, Inc. v. Wessel Co., 123 Fla. 120, 166 So. 306 (1936).

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