Legal Opinion

Hamilton v. Walker Chemical & Exterminating Co.

District Court of Appeal of Florida

Decided March 13, 1970No. 69-373PublishedCited by 7 opinions

1Opinion of the Court

..WALDEN, Judge.

Defendants are in the termite exterminating business. Plaintiff sued them charging negligence on their part and breach of contract in failing to detect termites in a house purchased by plaintiff. The case was tried to a jury on the negligence counts and resulted in a verdict for plaintiff and against defendants in the sum of $4,070.00. Plaintiff had claimed damages of $6,743.93. The trial judge set the verdict aside and granted defendants’ motion for directed verdict under R.C.P. 1.480, 30 F.S.A. Plaintiff appeals. We reverse and reinstate the verdict.

The negligence of…

2Cases cited5 opinions

  1. Hendricks v. DaileySupreme Court of Florida · 1968
  2. De La Concha v. PineroSupreme Court of Florida · 1958
  3. McCall v. SherbillSupreme Court of Florida · 1953
  4. Rynveld v. DupuisCourt of Appeals for the Fifth Circuit · 1930
  5. Mansfield v. BrighamSupreme Court of Florida · 1926

3Cited by7 opinions

  1. McKnight v. Hill & Hill Exterminators, Inc.Texas Supreme Court · 1985
  2. Ellis v. Golconda Corp.District Court of Appeal of Florida · 1977
  3. Davis v. New England Pest Control Co.Supreme Court of Rhode Island · 1990
  4. Johnson v. WallCourt of Appeals of North Carolina · 1978
  5. Miles v. AAA Ins. Co.District Court of Appeal of Florida · 2000

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