PEACOCK CONSTRUCTION CO., INC. V. MODERN AIR CONDITIONING, INC.
353 So. 2d 840 (Fla. 1977).
NATURE OF THE CASE: Peacock (D) a general contractor, appealed an order which affirmed the decision granting summary judgment in favor of Modern (P) and Overly (P1), subcontractors in their breach of contract action.
FACTS: Modern Air Conditioning (P) and Overly Manufacturing (P1) subcontracted with Peacock (D), to do the heating/air conditioning and swimming pool work for a condominium project. The written subcontracts provided that D would make final payment to the subcontractors within 30 days of completion, written acceptance by the architect and full payment by the owner. When the subcontractors completed the work, D did not pay them because the owner had not paid in full. P and P1 sued for payment in separate suits. D claimed that payment by the owner was a condition precedent to payment to the subcontractors. The trial judges disagreed and granted summary judgment for both Ps, and the court of appeals affirmed. The state supreme court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
https://bsmsphd.com
No comments:
Post a Comment