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MUSI v. VAN KIRK & SONS, INC.

No. 87-0777.

528 So.2d 413 (1988)

Ralph MUSI and Pat Musi, Appellants, v. VAN KIRK & SONS, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied August 12, 1988.

Attorney(s) appearing for the Case

Charles T. Whitelock of Whitelock & Moldoff, Fort Lauderdale, for appellant-Ralph Musi.

James Cary Jacobson and Howard E. Horowitz of Jacobson & Gottleib, Hollywood, for appellee.

Rehearing and Rehearing En Banc Denied August 12, 1988.

HERSEY, Chief Judge.

We find that the record fails to support the existence of an agency relationship between Ralph Musi and his son, Pat Musi, and fails to support a ratification by Ralph Musi of the contract between Pat Musi and appellee. Accordingly, we reverse the final judgment insofar as it finds in favor of appellee on its action for foreclosure of a mechanic's lien and on its action for breach...

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