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HARRIS AIR SYSTEMS, INC. v. GENTRAC, INC.

No. 90-1788.

578 So.2d 879 (1991)

HARRIS AIR SYSTEMS, INC., Appellant, v. GENTRAC, INC., Appellee.

District Court of Appeal of Florida, First District.

May 3, 1991.

Attorney(s) appearing for the Case

Dana G. Toole of Lawson, McWhirter, Grandoff & Reeves, Tampa, for appellant.

Stewart B. Capps of Nohrr, Nohrr, Boyd, Howze & Capps, P.A., Melbourne, for appellee.

ZEHMER, Judge.

Harris Air Systems, Inc., appeals an adverse final judgment in its action to recover sums due under its subcontract with Gentrac, Inc. The trial court, after a nonjury trial, ruled that "the condition precedent of the Owner on this construction project paying the Contractor, GENTRAC, INC., has not been met and, therefore, the Plaintiff's claim is premature ..." and dismissed the action. We hold that the written...

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