CHARLES MARCHESE AND JOAN F. MARCHESE, HIS WIFE, APPELLANTS,
v.
FLOYD R. TAYLOR, APPELLEE

Fla. 4th DCA | 1971-09-23
No. 70-734
REED, C. J., and WALDEN and OWEN, JJ., concur.
252 So. 2d 820 Florida District Court of Appeal, Fourth District (1971) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

An incorrect measure of damages was employed in this breach of a building contract case, and this was the only error discerned.

After the trial of this case this Court decided Ballard v. Krause, Fla.App.1971, 248 So.2d 233. We held that a contractor’s measure of damages when an owner wrongfully terminated a contract was either lost profit that would have been realized and costs reasonably incurred in good faith in partial performance of the contract, or quantum meruit, along with the refinements found in the published opinion.

The final judgment is reversed and the cause remanded for a new trial on the issue of damages, only.

Reversed and remanded.

REED, C. J., and WALDEN and OWEN, JJ., concur.

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  • Fid. & Deposit Co. OF Md. v. Accel, Inc., 354 So. 2d 424 (Fla. 4th DCA 1978)
    …tia Dairy Products, Inc. v. Wessel Co., 123 Fla. 120, 166 So. 306 (1936); First Atlantic Building Corporation v. Neubauer Construction Company, 352 So. 2d 103 (Fla. Fourth District Court of Appeal opinion filed November 1, 1977); Marchese v. Taylor, 252 So. 2d 820 (Fla. 4th DCA 1971); Ballard v. Krause, 248 So. 2d 233 (Fla. 4th DCA 1971). This is also the proper measure of damages that a subcontractor must prove when suing a contractor. Since the wrong measure of damages was used in the trial court, Accel’s c…
  • D.D. Jackson v. Riley, 427 So. 2d 255 (Fla. 5th DCA 1983)
    …s, Inc. v. Wessel Co., 123 Fla. 120, 166 So. 306 (1936); Fidelity and Deposit Co. of Maryland v. Accel, Inc., 354 So. 2d 424 (Fla. 4th DCA 1978); First Atl. Bldg. Corp. v. Neubauer Constr. Co., 352 So. 2d 103 (Fla. 4th DCA 1977); Marchese v. Taylor, 252 So. 2d 820 (Fla. 4th DCA 1971); Ballard v. Krause, 248 So. 2d 233 (Fla. 4th DCA 1971). . Dynamic Builders, Inc. v. Tull, 365 So. 2d 1032 (Fla. 3d DCA 1979); Berkowitz v. Anderson & Wallace Constr. Co., Inc., 260 So. 2d 551 (Fla. 3d DCA 1972). . Chatios v. Mo…

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