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AL BOOTH'S, INC. v. BOYD-SCARP ENT.

No. 87-327.

518 So.2d 422 (1988)

AL BOOTH's, INC., Appellant, v. BOYD-SCARP ENTERPRISES, INC., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

January 7, 1988.

Attorney(s) appearing for the Case

Vincent G. Torpy, Jr. of Frese, Torpy & McGee, Melbourne, for appellant.

P.F. Nohrr of Nohrr, Nohrr, Boyd, Howze & Edwards, P.A., Melbourne, for appellee James R. Rathmann.

No appearance for appellee Boyd-Scarp Enterprises, Inc.

UPCHURCH, Chief Judge.

Al Booth's, Inc., sued Boyd-Scarp Enterprises and James Rathmann for nonpayment following delivery of various appliances to Rathmann's new home being built by Boyd-Scarp Enterprises. Booth's was aware that Boyd-Scarp was having financial problems and allegedly contacted Rathmann prior to delivery, asking him to guarantee payment. Evidence was adduced that Rathmann orally promised to pay in the event the builder did not and that the goods were...

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