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HENSON v. JAMES M. BARKER CO., INC.

No. 93-15.

636 So.2d 887 (1994)

Larry K. HENSON and Cheryl D. Henson, Appellants, v. JAMES M. BARKER COMPANY, INC., a corporation, and Seaboard Surety Company, a corporation, Appellees.

District Court of Appeal of Florida, First District.

May 18, 1994.

Attorney(s) appearing for the Case

William G. Cooper of Coker, Myers, Schickel, Cooper & Sorenson, P.A., Jacksonville, for appellants.

B. Thomas Whitefield of Ulmer, Murchison, Ashby & Taylor, Jacksonville, for appellee James M. Barker Co., Inc.

Dale K. Bohner of Smith, Williams & Bowles, P.A., Tampa, for Appellee Seaboard Sur. Co.

ALLEN, Judge.

This case involves an appeal and cross-appeals from a judgment of the circuit court in two consolidated cases arising from a construction take-over agreement. We affirm on the appeal and reverse on both cross-appeals.

The appellants, Larry and Cheryl Henson, entered into a construction contract with James M. Barker Company, Inc. (Barker) for construction of an eight unit condominium project. Seaboard Surety Company (Seaboard) provided a performance...

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