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IN THE CIRCUIT COURT OF THE '
NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST LUCIE COUNTY,
FLORIDA
GASE NUMBER 77-225-CA
)
FORT PIERCE GOLF ASSOCIATION, INC.,
d/b/a INDIAN HILLS GOLF AND )
COUNTRY CLUB,
)
Appellant
)
vs.
)
SWIFT CHEMICAL COMPANY,
)
Appellee.
)
0 P I N I 0 N
THIS IS an appeal from the Final Judgment of the co~ty
Court of St Lucie County dated January 31, 1977, in that Court's
Case Number 76-577-SP. The judganent finds the Appellant liable
to Appellee for damages in amount of $1416.61 plus costs.
! The Appellant's main contention is that this judgment
i
; is unsupported by law. Based upon the arguments heard at oral
I
~ argument before this court and the Assignments of Error,
~
; Appellant appears to be correct. The law which appears to apply
~
r is the law of quasi contracts. A quasi contract is governed by
9
~
~ the rule established in Florida that where goods or services are
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~ rendered by one party to another without the other's consent but
~ with his knowledge, and those goods or services are knowingly
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~
~ -
~ and voluntarily accepted, the law presumes that they are given
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_ and received in the expectation of being paid-for and will infer
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~ a promise to pay what they are reasonably worth. Appellant's
.
argument is that there was no knowledge on its behalf of the
~ rendering of the goods nor did it knowingly and voluntarily
i
accept the goods.
q:~ The problem this court faces as appellate court is a lack
~
~ of adequate record on appeal. The record does not disclose
whether there was evidence of Appellant's knowledge of the
e~ rendering of the goods. It likewise does not show whether there
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