HomeMy WebLinkAbout1376 z9zso3 . , ~
IN T~ CIRCIIIT COURT FOR ~
~ . ST. I.OCIB COUNTY, F,LORInA. +
~
CP?.S8 NO. 73-499-CA °
' RRU$GER PLUMBING, INC.. i
a Florida corporation, ;
~
Plainti!!,
;
{
_va- i
~
JACR P. SCHLBIFER, et al., ~
• i
Defendanta. ~ '
~
,
~
~ FINAL JUDGN~NT
THIS CAUSE havinq come on for hearinq before this court,
and the court havinq heard and considered the evidence, the
teatimony of the witnesses, and the arqument of counsel; and
~
havinq considered the briefs submitted by counsel, the court ~ ~
i
'finds as follows: }
~
~
(1) That the contract provisiona herein involved consti- '
s
tute an unconditional promiae to pay with the time for payment ~
,
~
postponed until the happening of a certain event, and that upon
the failure of the event to occur, payment must be made ~ithin a i
~
reasonable time.
' ~
(2) That such provision does not constitute a condition ;
; ~
F f
~ precedent to the obligation of the defendant, DI-COM CORPORATION, ~ ~
! ~
~ to pay the plaintiff, RRUEGER PLOMBING, INC.; nor does it coasti- ~
. ~
~ tute a condition precedent to the obligation of the defendant, y
~
FIDELITY AND DEPOSIT COMPANY OF MAxYLAND, as surety for the .
defendant, DI-COM CORPORATION, on the statutory payment bond
posted herein in accordance with Florida Statute 713.23.
(3) That the plafntiff was not required under Florida ;
~
Statute 713.23 to give notice within ninety (90) days to the i
~
~ ~ general contractor of the furnishing of labor and material:
(4) That the date of final completion by RRIIEGER PLUMBING, ;
~ . ;
~ INC. of the contract betw~een it and DI-COM CORPORATION was ~
~ ~
~ January 11, 1973. i
~
~ ~
~
~
- 8ooK2~32 ~~137'i6 -
;
~
~ ; _ _ _ - - ~
~ . y
~ ~ ~ ~
~ _ _ ~ z
~-~="'u~"~~, _
e_ :