HomeMy WebLinkAbout0634 _ ~
4'7'1490
IN THE CIRCUIT COURT OF THE NINE-
TEENTH JUDICIAL CIRCUIT IN AND FOR
ST. LUCIE COUNTY, FLORIDA.
CIVIL ACTION N0. 79-4 - ~
CARPET SHOWCASE, INC.,
Plaintiff,
vs.
JOSEPH PIAZZA and LUCY ;
PIAZZA, his wife,
Defendants.
FINAL JUDGN~NT
THIS CAUSE came before the Court on non-jury trial
on December 14, 1979. The Court received testimony and argu-
ment of counsel for all parties. From the testimony and ex-
hibits introduced at trial, the Court finds and determines:
This is an action to foreclose a mechanics lien or
o~r~t,7 i Q1, ran on»i tall c+ 1 i Pn Tn ar~~r[~an~P wi file the pre-
_
trial order, Plaintiff, Carpet Showcase, Inc., has complied with
all statutory prerequisites to establish a mechanics lien. The
sole remaining issue is whether the Plaintiff was in direct
privity with the Defendants, Joseph Piazza and Lucy Piazza, his
~ wife by virtue of an expressed and/or implied assumption by the
Defendants of a contractual obligation to pay for labor and
~ materials furnished by Plaintiff .
Defendants, as owners of the real estate, entered into
a construction contract with a general contractor, Yorktown
Construction Corporation. This contract provided a set amount
for carpet allowance and provided that if Defendants went over
that allowance, it would be an extra cost to the contract.
The general contractor sent the Defendants to k?est
Palm Beach to pick out the color and type of carpet to be used
in the Defendants' home. Defendants selected the color and type
of carpet at Plaintiff's store in West Palm Beach. No price was
discussed at that time. Subsequently, the general contractor
called Defendants to come to its office, where they met with a
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