Legal Opinion

Barnett v. Concrete Placing Co.

District Court of Appeal of Florida

Decided May 19, 1960No. 59-427PublishedCited by 3 opinions

1Opinion of the Court

MILLEDGE, STANLEY, Associate Judge.

This case deals with the duty of a subcontractor to credit undesignated payments received from a general contractor to the particular debt owed by the debtor when the ultimate source of the payment is the owner of land having a general contractor for the erection of improvements, since the owner; by virtue of the mechanic’s lien law, is a statutory surety on the contractor’s debt to the sub-contractor on the same job.

The appellants, the Barnetts, contracted with Snyder Enterprises, Inc., on October 2, 1957, to build a swimming pool at their home for…

2Cases cited13 opinions

  1. R. P. Farnsworth & Co. v. Electrical Supply Co.Court of Appeals for the Fifth Circuit · 1940
  2. Columbia Digger Co. v. SparksCourt of Appeals for the Ninth Circuit · 1915
  3. Hughes & Co. v. FlintWashington Supreme Court · 1911
  4. Merchants Insurance v. HerberSupreme Court of Minnesota · 1897
  5. Williams v. Willingham-Tift Lumber Co.Court of Appeals of Georgia · 1909

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3Cited by3 opinions

  1. Broward County, Florida Commission ex rel. General Electric Co. v. Continental Casualty Co.District Court, S.D. Florida · 1965
  2. Lyman Lumber of Wisconsin, Inc. v. ThompsonCourt of Appeals of Wisconsin · 1987
  3. Carolina Lumber Co. v. Grose, Circuit Court of the 4th Judicial Circuit of Florida, Duval County1960

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