Universal Const. Co. v. City of Fort Lauderdale

68 So.2d 366 (1953)

UNIVERSAL CONST. CO.

v.

CITY OF FORT LAUDERDALE.

Supreme Court of Florida. En Banc.

October 30, 1953.

Rehearing Denied December 11, 1953.

Earnest, Lewis, Smith & Jones and Paty, Downey & Paty, West Palm Beach, for appellant.

T.O. Berryhill, Carl A. Hiaasen and McCune, Hiaasen & Kelley, Fort Lauderdale, for appellee.

HOBSON, Justice.

Counsel for appellant earnestly insist in their petition for rehearing that in this lawsuit on the quantum meruit the cause of action is not the same as the cause of action in the equity suit wherein appellant in its counterclaim sought to set off…