KELLY TRACTOR CO. v. R.J. CANFIELD CONTRACTING, INC.

No. 89-2318.

579 So.2d 261 (1991)

KELLY TRACTOR CO., Appellant, v. R.J. CANFIELD CONTRACTING, Inc. and R.J. Canfield, Individually, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 23, 1991.


Attorney(s) appearing for the Case

Loren H. Cohen, Miami, for appellant.

Philip Michael Cullen, III of Philip Michael Cullen, III Chartered, Fort Lauderdale, for appellees.


DELL, Judge.

Kelly Tractor Co. (Kelly Tractor) appeals from a final judgment awarding appellees, R.J. Canfield Contracting, Inc. and R.J. Canfield, individually, $53,585, together with interest and costs on their counterclaim. We reverse.

On November 6, 1986, appellees applied to Kelly Tractor for credit in order to obtain a front-end wheel loader. The credit application provided:

9. As partial consideration for the extension of credit, the...

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