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Legal Opinion · Dissent

Golden Loaf Bakery, Inc. v. Charles W. Rex Construction Co.

District Court of Appeal of Florida

Decided April 11, 1975No. 73-1225Published

1DissentWalden, Judge

I respectfully dissent. The trial court directed a verdict against plaintiff at the *391close of plaintiff’s case, and entered judgment accordingly.

Plaintiff appeals. I would reverse and remand for a new trial.

Charles W. Rex Construction Co. built a bakery building for Golden Loaf Bakery. The contract specified the floor was to be of poured concrete having the strength of 3,000 pounds per square inch. The floor proved to be faulty, and Golden Loaf had the floor repaired by means of a vinyl latex resurfacing. Golden Loaf sued for damages, claiming as its only measure of damages the total repair…

2Cases cited7 opinions

  1. Prier v. Refrigeration Engineering Co.Washington Supreme Court · 1968
  2. RK Cooper Builders, Inc. v. FREE-LOCK CEILINGS, INC.District Court of Appeal of Florida · 1969
  3. Ciminelli v. Umland Brothers, Inc.Appellate Division of the Supreme Court of the State of New York · 1932
  4. Edgar v. HoseaDistrict Court of Appeal of Florida · 1968
  5. Sea Ledge Properties, Inc. v. DodgeDistrict Court of Appeal of Florida · 1973

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