Peterson v. Paxton-Pavey Lumber Co., (1931)
Court: Supreme Court of Florida
Number:
Visitors: 15
Judges: BUFORD, C.J. —
Attorneys: Lee L. Baker, for Plaintiff in Error;
McMullen McMullen, for Defendant in Error.
Filed: Jun. 20, 1931
Latest Update: Mar. 02, 2020
Summary: Plaintiff in error, defendant in the court below, was the owner and contracted with certain builders to construct a building on his property. The builders ordered material from the defendant in error, plaintiff in the court below. The contractors became in arrears in payments to the materialman. The owner, about the 14th day of December, 1927, went to the materialman and made inquiry as to why material was not being delivered *Page 90 to the contractors. He was told that no more material would b
Summary: Plaintiff in error, defendant in the court below, was the owner and contracted with certain builders to construct a building on his property. The builders ordered material from the defendant in error, plaintiff in the court below. The contractors became in arrears in payments to the materialman. The owner, about the 14th day of December, 1927, went to the materialman and made inquiry as to why material was not being delivered *Page 90 to the contractors. He was told that no more material would be..
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I do not think the agreement was, even as to the debt already due, unenforceable by reason of the statute of frauds. See Croft v. Kendrick, 39 Fla. 90, 21 So. 803; Harvey v. Bank of Center Hill, 83 Fla. 55, 90 So. 699.
Source: CourtListener
