DUTCH INNS OF AMERICA, INC., A FLORIDA CORPORATION, APPELLANT,
v.
WILLIAM R. JENKINS, A.I.A., APPELLEE

Fla. 3d DCA | 1974-09-03
No. 73-711
Before PEARSON, HENDRY and HAVERFIELD, JJ.
301 So. 2d 119 Florida District Court of Appeal, Third District (1974) Positive Treatment
Cited by 8 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Dutch Inns appeals a judgment awarding an architect fees for design services on a motel project. The court affirmed the trial court's finding that the architect established a prima facie case for payment under the contract, rejected the defendant's affirmative defense regarding cost limitations, and upheld the damage award despite disputes over the exact amount.


Holding

The court held that the architect established a prima facie case supported by prior dealings between the parties; that no cost limitation was proven in the written contract and parol evidence did not establish one; and that the trial court's damage award, based on extensive testimony about extra work performed for revisions and changes, should not be overturned absent clear showing of error.


Headnotes

[1] An account stated requires mutual agreement on the amount due, based on prior dealings.

[2] An architect cannot recover if the actual or probable cost of construction exceeds an agreed maximum, but such a limitation must be proven.

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Key Quotes

“there can be no liability on an account stated if there has been no mutual agreement, and from this we infer that the account stated must be based upon prior dealings out of which the account arose”

Establishes the court's rationale for rejecting the appellant's account stated defense by finding sufficient prior dealings and agreement.

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Facts & Procedural History

In June 1968, Dutch Inns engaged architect William Jenkins to prepare preliminary drawings for motel and office facilities at the Miami Merchandise Ma…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant, Dutch Inns of America, Inc., appeals a final judgment for the appel-lee, William R. Jenkins. The appellee, an architect, claimed money due under a contract to design a motel. The trial court sitting without a jury found for the appel-lee in an amount less than his claim. The appellant, on this appeal, urges that the court erred in finding that a prima facie case was established by the appellee, that the appellant failed to establish its affirmative defense and that the court erred in applying an improper measure of damages. The appellee has cross-assigned error upon the court’s failure to allow the full amount of the claim.

In June, 1968, plaintiff-appellee was asked by representatives of the defendant-appellant to prepare preliminary working drawings for home offices and motel facilities for the defendant at the Merchandise Mart in Miami, Florida. The work was performed and plaintiff was paid by defendant. In September, 1968, plaintiff met with representatives of defendant regarding the architectural services for the project and in October, 1968, plaintiff and defendant entered into a contract. Subsequently, after the work had begun, the parties agreed on major changes in the concept or scope of the project, the office’ building to be changed from two-stories to three-stories. At a board meeting, in January, 1969, the defendant’s representatives decided that they wanted another floor to be added to the hotel along with other changes to the scheme of the project.

The defendant was advised by letter of February 10, 1969, that the changes would increase the base contract price from $50,000 to $63,650. The record contains no response by defendant to this letter. In addition to the base price, the contract contained provisions for added fees for additional work performed by plaintiff, part of which included work on the Merchandise Mart interiors as indicated on plaintiff’s invoices. These invoices were not objected to by the defendant. The bills were submitted on a monthly basis and they included proportionate billings for the base contract and billings for additional work.

The total amount shown as unpaid on invoices submitted to the defendant by plaintiff is $56,702.46. Defendant had paid other invoices of the plaintiff through the end of 1968 but ceased making payments in January, 1969.

In its first point, appellant argues that as appellee’s complaint was only for an account stated, appellee cannot recover because no agreement as to the amount was proved. Appellant relies upon Recreation Corporation of America v. Jack Drury & Associates, Inc., Fla.App. 1970, 235 So. 2d 49. That case stands for the proposition that there can be no liability on an account stated if there has been no mutual agreement, and from this we infer that the account stated must be based upon prior dealings out of which the account arose. See Braun v. Noel, Fla.App.1966, 188 So. 2d 564. Such an agreement was proved in the instant case. Further, it cannot be concluded from this record that appellee’s action was solely upon the account.

Appellant’s second point is based upon the holding that an architect cannot recover if the actual or probable cost of construction exceeds the agreed maximum. There was no cost limitation in the written contract. Parol evidence was admitted but the court found from the evidence that the claimed cost limitation was not proved. See Petrus v. Bunnell, Fla.App.1961, 129 So. 2d 702. Upon the record we will not reverse this finding. Dowd v. United States Fidelity and Guaranty Co., Fla.App.1966, 183 So. 2d 558.

Appellant’s third point and appellee’s cross-appeal each challenge the court’s finding as to the amount due. Each point fails to show error. There was extensive and conflicting testimony as to extra work performed fo,r revisions and changes. The court’s finding will not be overturned in the absence of a clear showing of error. Such a showing was not made here.

Affirmed.


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Citator

Cited By

  • Raben Builders, Inc. v. First Am. Bank & Tr. Co., 561 So. 2d 1229 (Fla. 4th DCA 1990)
    …ced amount. The record evidences an unrebutted claim for an account stated and we affirm the judgment entered thereon. See Basic Food Industries, Inc. v. Wackenhut Corporation, 323 So. 2d 1 (Fla. 3d DCA 1975). Dutch Inns of America, Inc. v. Jenkins, 301 So. 2d 119 (Fla. 3d DCA 1974). AFFIRMED. WALDEN and POLEN, JJ., concur. ANSTEAD, J., dissents with opinion. . Section 46.015 Fla.Stat. (1987) provides: (1) A written covenant not to sue or release of a person who is or may be jointly and severally liable…
  • Home Health Servs. OF Sarasota, Inc. v. McQUAY-Garrett, 462 So. 2d 605 (Fla. 2d DCA 1985)
    …kolow, 177 So. 2d 775 (Fla. 3d DCA 1965). The trial court properly held that an account stated had been established. See Merrill-Stevens Dry Dock Co. v. “Corniche Express," 400 So. 2d 1286 (Fla. 3d DCA 1981); Dutch Inns of America, Inc. v. Jenkins, 301 So. 2d 119 (Fla. 3d DCA 1974). An account stated is prima facie evidence of the correctness of the items it contains and of the liability of a party for those items. One claiming under an account stated is not entitled, however, to the benefit of an absolute e…
  • Dutch Inns OF Am., Inc. v. Jenkins, 314 So. 2d 583 (Fla. 1975)
    …Certiorari denied. 301 So. 2d 119. ADKINS, C. J., and BOYD, McCAIN, OVERTON and ENGLAND, JJ., concur.…

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