(Download) "Carolina Lumber Company v. William W. Daniel and Rosiland Daniel" by First District. District Court of Appeal of Florida ~ eBook PDF Kindle ePub Free
eBook details
- Title: Carolina Lumber Company v. William W. Daniel and Rosiland Daniel
- Author : First District. District Court of Appeal of Florida
- Release Date : January 26, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
WIGGINTON, Judge. This is an appeal from a final decree entered by the Circuit Court of Duval County dismissing a complaint seeking to foreclose
an alleged materialman's lien against property of appellees. The appellant, as plaintiff in the trial court, grounded its
claim for relief on the contention that it sold and delivered certain materials to a contractor who was acting as agent for
the appellee owners. There is no question but that the materials so delivered were incorporated in the home owned by the appellees,
the cost of which was never paid to appellant. The appellees defended the action on the ground that they had a firm lump sum
contract with the contractor to remodel and make certain repairs to their home. It was their position that the contractor
was not acting as their agent in the purchase of the materials from appellant, but that such materials were sold to the contractor
on his own credit and for his individual account. The single issue presented was whether the contractor was the agent of the
owners, or was he an independent contractor for whose debts the owners were not liable.