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Lamitu Corporation v. Stottler Stagg

District Court of Appeal of Florida, Third District
Apr 14, 1987
505 So. 2d 626 (Fla. Dist. Ct. App. 1987)

Opinion

No. 86-2253.

April 14, 1987.

Appeal from the Circuit Court, Dade County, Robert P. Kaye, J.

Stearns, Weaver, Miller, Weissler, Alhadeff Sitterson and Bradford Swing, Miami, for appellant.

Rafael E. Padierne, Miami, and Gustavo R. Suarez, Coral Gables, and Ana Martin-Lavielle, Miami, for appellees.

Before HUBBART and FERGUSON and JORGENSON, JJ.


This is an appeal by the defendant [technically the counterdefendant] from an adverse final judgment entered after a non-jury trial in a breach of contract action in which the plaintiff [technically the counterplaintiff] sought to recover for architectural services performed for the defendant. The sole point on appeal is that the plaintiff failed to establish an alleged condition precedent in order to recover on the oral modification agreement sued upon, to wit: the actual construction of the defendant's house, which construction the defendant in fact cancelled after the architectural plans were drawn.

We find no merit in this point and affirm because the construction of the house was not a condition precedent for payment under the contract, but was merely the time set for payments thereunder. Because the defendant prevented that time from arriving by cancelling the plans to build the house, the plaintiff was entitled to be paid for services rendered pursuant to the contract. See Peacock Constr. Co. v. Modern Air Conditioning, Inc., 353 So.2d 840, 842 (Fla. 1977); Poinsettia Dairy Prods., Inc. v. Wessel Co., 123 Fla. 120, 166 So. 306 (1936); Sharp v. Machry, 488 So.2d 133, 135-37 (Fla. 2d DCA 1986); Babe, Inc. v. Baby's Formula Serv., Inc., 165 So.2d 795, 798 (Fla. 3d DCA 1964).

The final judgment under review is, therefore, in all respects

Affirmed.


Summaries of

Lamitu Corporation v. Stottler Stagg

District Court of Appeal of Florida, Third District
Apr 14, 1987
505 So. 2d 626 (Fla. Dist. Ct. App. 1987)
Case details for

Lamitu Corporation v. Stottler Stagg

Case Details

Full title:LAMITU CORPORATION, APPELLANT, v. STOTTLER STAGG AND ASSOCIATES, INC., AND…

Court:District Court of Appeal of Florida, Third District

Date published: Apr 14, 1987

Citations

505 So. 2d 626 (Fla. Dist. Ct. App. 1987)