B. Irwin Emery Et Ux. v. International Glass & Mfg.
1971.FL.41463; 249 SO. 2D 496
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Publisher Description
International Glass and Manufacturing, Inc., as a contractor, brought this action to foreclose a mechanics lien. Owners-appellants counterclaimed alleging a breach of the warranty of workmanship. After final hearing the trial judge specifically found that "the plaintiff failed to establish a lien upon defendants property, but that the plaintiff may proceed to judgment on a contract pursuant to Section 713.28, Florida Statutes, 1969, F.S.A." Whereupon, allowing for a setoff under the counterclaim, judgment was entered in favor of plaintiffs in the sum of $1,382.00, together with costs which did not include attorneys fees, and defendants appeal.
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