MAESTRELLI v. ARRIGONI, INC.

No. 84-1758.

476 So.2d 756 (1985)

Richard MAESTRELLI, Appellant, v. ARRIGONI, INC., a Florida Corporation, and Premier Investment Properties, Inc., Appellees.

District Court of Appeal of Florida, Fifth District.

October 10, 1985.


Attorney(s) appearing for the Case

Terrence M. White, of Leonhardt, Upchurch & Parsons, P.A., Daytona Beach, for appellant.

Armistead W. Ellis, Jr., of Nohrr, Nohrr, Boyd, Brushwood, Howze & Ellis, P.A., Daytona Beach, for appellee Arrigoni, Inc.

No appearance for appellee Premier Investment Properties, Inc.


PER CURIAM.

The plaintiff (appellee) alleged that he delivered material to a job site at the request of the defendant (appellant). The trial court held the defendant liable based on evidence that a third party requesting the material to be delivered by the plaintiff was acting for, on behalf of, and at the request of, the defendant. The defendant argues on appeal that the plaintiff erred in not alleging in his complaint that the third person was acting as agent for...

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