STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, APPELLANT,
v.
CONE BROTHERS CONTRACTING COMPANY, A FLORIDA CORPORATION, APPELLEE
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, APPELLANT,
CONE BROTHERS CONTRACTING COMPANY, A FLORIDA CORPORATION, APPELLEE
265 So. 2d 63
Florida District Court of Appeal, First District (1972)
Positive Treatment
Cited by 1 case
Opinion of the Court
This Court has reviewed the record, briefs and heard oral argument, and we are of the opinion and so hold that the trial court did correctly construe the pertinent paragraphs of the Specifications in question, and that the appellant was bound, at least, by an implied warranty that the materials in question were suitable for the job which was the subject of the contract between appellant and appellee. The verdict and judgment are therefore affirmed.
SPECTOR, C. J., and JOHNSON and WIGGINTON, JJ., concur.
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Jackson v. L.A.W. Contracting Corp., 481 So. 2d 1290 (Fla. 5th DCA 1986)…r product for a particular purpose. Therefore, cases such as Biscayne Roofing v. Palmetto Fairway Condominium Association, Inc., 418 So. 2d 1109 (Fla. 3d DCA 1982), and State of Florida, Department of Transportation v. Cone Brothers Contracting Co., 265 So. 2d 63 (Fla. 1st DCA 1972), are inapplicable. The trial court also correctly granted summary judgment in favor of the contractor and against the owner as to the negligence theory of indemnity and contribution under the authority of Slavin v. Kay, 108 So.…