LAKEPORT WATER ASSOCIATION, INC., A FLORIDA CORPORATION, APPELLANT,
v.
DAVID B. SMITH ENGINEERS, INC., A FLORIDA CORPORATION, APPELLEE
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Where a contract requires payment and no place is specified, the debtor must seek the creditor, and the cause of action accrues where the default occurred, allowing suit in the creditor's county.
[1] Where a contract involves the payment of money and no place of payment is expressly agreed upon, payment may be implied to be made where the payee resides or has an estab…
[2] In the absence of a stipulated place of payment in a contract, the debtor must seek the creditor unless otherwise provided or agreed.
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Join FLexlaw to unlock all legal intelligenceAppellant appeals an order denying his motion to transfer venue. Appellee sued for unpaid balance on an engineering contract in Alachua County, where …
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Appellant seeks reversal of an order denying his motion to transfer in a suit for payment under an engineering contract whereby the appellee installed a water system for the appellant. No place of payment of sums due under the contract is stipulated therein as reflected by copy of it contained in appellant’s appendix. Appellant and the water system are located in Glades County. Appellee brought suit for the unpaid balance of the contract price in Alachua County where he resides.
Appellant contends that the present case is controlled by the ruling in James A. Knowles, Inc. v. Imperial Lumber Company, 238 So.2d 487 (Fla.App.1970). We do not agree.
Knowles, supra, was a suit for damages resulting from a breach of a contract of assurance rather than a failure to pay an amount owing under an executed contract.
We believe the present case is controlled by that line of cases exemplified by Croker v. Powell, 115 Fla. 733, 156 So. 146 (1934); Saf-T-Clean, Inc. v. Martin-Marietta Corp., 197 So.2d 8 (Fla.1967); and M. A. Kite Co. v. A. C. Samford, Inc., 130 So.2d 99 (Fla.App.1971). Judge Wigginton, speaking for this court in Kite, supra, stated:
“The rule governing the question here presented was clearly and unequivocally stated by the Supreme Court of this state in the Croker case. It was there held that where a contract involves the payment of money and no place of payment is expressly agreed on, it may be implied that payment is to be made where the payee resides or has an established place of business, and where payment under the contract may be made. Where there is an express promise to pay, and no place of payment is stipulated, the debtor should seek the creditor unless otherwise provided or agreed. In such cases the cause of action accrues where the default occurred, though it be in the county where the plaintiff resides, and the action may be maintained in such county for the defendant’s breach.”
For the reasons herein stated, the interlocutory appeal is dismissed.
WIGGINTON and CARROLL, DONALD K., JJ., concur.
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First Int'l Realty Inv. Corp. v. Cochran, 314 So. 2d 214 (Fla. 3d DCA 1975)…. 2d 8; M. A. Kite Company v. A. C. Samford, Inc., Fla.App.1961, 130 So. 2d 99; B & F of Clearwater, Inc. v. Wesley Construction Company, Fla.App.1970, 237 So. 2d 790; Lakeport Water Association, Inc. v. David B. Smith Engineers, Inc., Fla.App.1972, 257 So. 2d 588; Jones v. Hickman, Fla.App.1972, 263 So. 2d 275; Merrill Stevens Yachts, Inc. v. Irwin Yacht and Marine Corporation, Fla.App.1973, 276 So. 2d 230. The contract involved in the case sub judice was executed in Dade County and the payments thereupon w…
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Dr. B. L. Stalnaker, M.D. v. Neckles, 294 So. 2d 116 (Fla. 4th DCA 1974)…PER CURIAM. Affirmed. See Lakeport Water Association v. David B. Smith Engineers, Inc., Fla.App.1972, 257 So. 2d 588. CROSS and MAGER, JJ., and MOUNTS, MARVIN U., Jr., Associate Judge, concur.…
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Merrill Stevens Yachts, Inc. v. Irwin Yacht & Marine Corp., 276 So. 2d 230 (Fla. 3d DCA 1973)…reasons stated the order appealed is reversed and the cause is remanded for further proceedings. Reversed and remanded. . Jones v. Hickman, Fla.App.1972, 263 So. 2d 275; Lakeport Water Assoc., Inc. v. David B. Smith Engineers, Inc., Fla.App.1972, 257 So. 2d 588; B & F of Clearwater, Inc. v. Wesley Const. Co., Fla.App.1970, 237 So. 2d 790; M. A. Kite Company v. A. C. Samford, Inc., Fla.App.1961, 130 So. 2d 99.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Simmons v. State, 115 Fla. 733 (Fla. 1934)
- Jung H. Moon v. Ima-Park Place, LLC (Fla. 3d DCA 2021)
- M. A. Kite Co. v. A. C. Samford, Inc., 130 So. 2d 99 (Fla. 1st DCA 1961)
- James A. Knowles, Inc. v. Imperial Lumber Co., Inc., 238 So. 2d 487 (Fla. 2d DCA 1970)
- Saf-T-Clean, Inc. v. Martin-Marietta Corp., 197 So. 2d 8 (Fla. 1967)