Legal Opinion
Al Booth's, Inc. v. Boyd-Scarp Enterprises Inc.
District Court of Appeal of Florida
Decided January 7, 1988No. 87-327PublishedCited by 4 opinions
1Opinion of the Court
UPCHURCH, Chief Judge.
Al Booth’s, Inc., sued Boyd-Scarp Enterprises and James Rathmann for nonpayment following delivery of various appliances to Rathmann’s new home being built by Boyd-Scarp Enterprises. Booth’s was aware that Boyd-Scarp was having financial problems and allegedly contacted Rath-mann prior to delivery, asking him to guarantee payment. Evidence was adduced that Rathmann orally promised to pay in the event the builder did not and that the goods were then delivered. This is an appeal from a summary judgment holding that Booth’s could not recover from Rath-mann due to the…
Also in this document: Concurrence.
2Cases cited6 opinions
- Thomas A. Armbruster, Inc. v. BarronSupreme Court of Pennsylvania · 1985
- Graybar Electric Co. v. SawyerSupreme Judicial Court of Maine · 1985
- Howard M. Schoor, Associates, Inc. v. Holmdel Heights Construction Co.Supreme Court of New Jersey · 1975
- Bensam Corp. v. FeltonSupreme Court of Florida · 1953
- Jim & Slim's Tool Supply, Inc. v. METRO COMMUN. CORP.District Court of Appeal of Florida · 1976
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- BMC Industries, Inc. v. Barth Industries, Inc.Court of Appeals for the Eleventh Circuit · 1998
- Smith v. Royal Automotive Group, Inc.District Court of Appeal of Florida · 1996
- BMC Industries v. Barth IndustriesCourt of Appeals for the Eleventh Circuit · 1998
- Rising Star Holdings v. Floridian Health Centers LLCDistrict Court, S.D. Florida · 2026