Fidelity & Casualty Co. v. Coley & Peterson, Inc.

Supreme Court of Florida

Fidelity & Casualty Co. v. Coley & Peterson, Inc.

156 So. 388, 116 Fla. 73, 1934 Fla. LEXIS 1015

Supreme Court of Florida·Decided August 1, 1934·Published

Opinion

Terrell, J.

In this case the same question, predicated on substantially the same facts, are presented as in the Fidelity and Casualty Company of New York v. D. N. Morrison Construction Company, Inc., of Virginia, decided this date. The latter case grew out of the contract to construct the hotel while the instant case grew out of the contract to install the plumbing therein. Upon authority of the latter case, the judgment below is affirmed.

Affirmed.

Davis, C. J., and Whitfield, Ellis and Buford, J. J., concur. Brown, J., dissents.

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Terrell, J.

In this case the same question, predicated on substantially the same facts, are presented as in the Fidelity and Casualty Company of New York v. D. N. Morrison Construction Company, Inc., of Virginia, decided this date. The latter case grew out of the contract to construct the hotel while the instant case grew out of the contract to install the plumbing therein. Upon authority of the latter case, the judgment below is affirmed.

Affirmed.

Davis, C. J., and Whitfield, Ellis and Buford, J. J., concur. Brown, J., dissents.

Fidelity & Casualty Co. v. Coley & Peterson, Inc., 156 So. 388, 116 Fla. 73, 1934 Fla. LEXIS 1015 (Fla. 1934).

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156 So. 388 (Fidelity & Casualty Co. v. Coley & Peterson, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.