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HALL CONST. CO., INC. v. BEYNON

No. 86-1268.

507 So.2d 1225 (1987)

HALL CONSTRUCTION CO., INC., Appellant, v. Charles H. BEYNON d/b/a Beynon's Floors and Walls, Appellee.

District Court of Appeal of Florida, Fifth District.

June 4, 1987.

Attorney(s) appearing for the Case

Lester A. Lewis of Coble, Barkin, Rothert, Gordon, Morris, Lewis & Reynolds, P.A., Daytona Beach, for appellant.

Anderson C. Hill, II, Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a judgment in a contract case. The judgment requires a subcontractor, appellee, to pay approximately $4,500 to the general contractor, appellant, who claims that it is entitled to more. This suit for damages was based upon a "purchase order" which contained the following provision:

4. Supplier hereby agrees that TIME IS OF THE ESSENCE and that Hall Construction Co., Inc. relies on the timely performance by the supplier...

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