Futuro Properties, Inc. v. Jackson's/Byrons Enterprises, Inc. (254 So. 2d 835, 1971)

Florida District Court of Appeal 1971-11-30

Citations

Full opinion text

PER CURIAM.

Affirmed.

PEARSON, Judge

(dissenting).

A dissent to a per curiam affirmance is a singularly unproductive act. Nevertheless, my opinion that this appeal is governed by the rule stated in Mills v. Krauss, Fla.App.1959, 114 So.2d 817 is so strong that I feel it should be noted. The rule is stated:

“The rule is clear beyond argument that one who undertakes by contract to do for another a given thing cannot excuse himself to the other for a faulty performance, or a failure to perform, by showing that he has engaged another to perform in his place, and that the fault or failure is that of another or independent contractor.”