TANNING RESEARCH v. DON SUNTAN CORP.

No. 84-1845.

482 So.2d 409 (1985)

TANNING RESEARCH LABORATORIES, INC., a Florida Corporation, Appellant/Cross-Appellee, v. DON SUNTAN CORPORATION, a Hawaiian Corporation, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 24, 1986.


Attorney(s) appearing for the Case

John J. Upchurch of Leonhardt, Upchurch & Parsons, P.A., Daytona Beach, and James R. McGibbon and Richard L. Robbins of Sutherland, Asbill & Brennan, Atlanta, Ga., for appellant/cross-appellee.

Cynthia S. Tunnicliff and W. Douglas Hall of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tallahassee, and David A. Vukelja of Moore, Wood, Simpson & Korey, Ormond Beach, for appellee/cross-appellant.


COWART, Judge.

This case involves a dispute as to an interpretation of the following two sentences of a contract:

For purposes of this agreement, the term "net profits derived from sales of suntan lotion products" shall mean the gross sales price of all such suntan lotion products sold, less the cost of such products sold. The cost of the products sold shall include the cost of materials, the cost of direct labor, and overhead, administrative, and selling...

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