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WILKINSON & JENKINS v. FLORIDA ROCK IND., INC.

No. 84-2529.

475 So.2d 743 (1985)

WILKINSON & JENKINS CONSTRUCTION COMPANY, INC., Appellant, v. FLORIDA ROCK INDUSTRIES, INC., Appellee.

District Court of Appeal of Florida, Second District.

September 20, 1985.

Attorney(s) appearing for the Case

Raymond C. Conklin of Stolba, Logan, Conklin & Verona, P.A., St. Petersburg, for appellant.

Nelly N. Khouzam and William T. Atchley, Jr. of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., St. Petersburg, for appellee.

GRIMES, Judge.

Appellant (Wilkinson) purchased certain quantities of jetty stone f.o.b. place of shipment from appellee (Florida Rock). Wilkinson claimed that Florida Rock failed to properly load the jetty stone on the railroad cars for shipping, thereby causing appellant to incur excess freight charges. Wilkinson deducted what it believed to be the excess charges from its payment to Florida Rock and brought suit for declaratory judgment and damages. Florida Rock...

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