Punta Gorda Ready Mixed Concrete, Inc. v. Green Manor Construction Co.

O’CONNELL, Justice.

Petitioner seeks quashal of a portion of that opinion of the District Court of Appeal, Second District, reported at 159 So.2d 255, *890contending that said decision is in direct conflict with the decisions of this Court in Cobb v. Trammell, 1917, 73 Fla. 574, 74 So. 697, and Dudley v. White, 1902, 44 Fla. 264, 31 So. 830.

As set forth in the above cited opinion of the District Court, petitioner, Punta Gorda Ready Mixed Concrete, Inc., as plaintiff, sued Green Manor Construction Co. for monies alleged to be due and payable. Service of process was made on one Herbert Greer,…