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over and above the normal operating expenses of said Rrownlee &~
Associates, Inc. Brownlee agrees to pav a lawful rate of interest :
on the outstanding hslance, the exact rate to be determined at a
later date by mutual a~reement of the parties." There has been
no eviderce presented that Arownlee and Associates, Inc. had funds
availahle over and above its normal operating exnenses to make anv
payment to Bowen Brothers. Inc. Therefore, no default of nayments
has been proven. In addition, tl~e method of pay~ent is indefinite
and uncertain, and the Court cannot accuratelv ascertain the amounts
of payments, if any, that became payable aiid therefore, this agree-
ment is uncertain and unenforceable. 77 Am.Jur.2d, Vendor and
Purchaser, §445.
It is thereupon
ORDERED and ADJUDGED that the Counterplaintiff and Third
Partv Complainant, Bowen Brothers, Inc.. a Florida corporation,
take nothing in actions Numbers 76-1229 and 77-lOQ, and that
C(111T1rPTl~PfPTljAT1rC. TPi'Ams~ F Rrnwnicta ~'+~ Rrn~.~r+~oo o~~ ~c~i.n+..tnc
- - - . - ' - - '-- ' " ' - _ - " -' _ ~ ~ "'. `. ~ . .. .. .. ~ ~. ~. .. .. _. . ....... .. . ... .. .. ~
Inc., a Florida cornoration, go hence without dav and recover their
costs from Counterplaintiff. Jurisdiction is reserved to assess
costs upon motion and hearing.
It is further
ORDERED and AD.Tti~GED that in Cases Numbers 7fi-1229 and
77-10U, Plaintiff Jerome E. Brownlee recover from Defendant, Bo~ren
Brothers, Inc., a Florida corporation, the sum of S10,434.48, to-
gether with its costs.~ for which let execution issue.
It is further
ORDERED and ADJUDi,ED that iurisdirti~n is rPSPrvPd fnr a
hearin~ and det2rmination on a motion for att~rne_y's Char~ing I.ien
filed bv Brad Culverhouse.
DONE and ORDERED this > day of March, 1981.
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~ Ci r u t dge
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Copies f~rnished ~o: s
Theodore W. Herzog~ rsq.
R. Kent I.illy, Esq.
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