Royal Jones & Associates, Inc. v. First Thermal Systems, Inc.
Florida District Court of Appeal
566 So. 2d 853 (1990)
- Written by Tammy Boggs, JD
Facts
Royal Jones & Associates, Inc. (Royal Jones) (defendant) was in the business of constructing rendering plants. Royal Jones specially ordered three steel rendering tanks for use in its business from First Thermal Systems, Inc. (First Thermal) (plaintiff). Under the parties’ contract, First Thermal agreed to manufacture the tanks for $64,350. First Thermal had never manufactured rendering tanks before. The tanks were built to meet Royal Jones’s specifications—the tanks lacked internal components, were of a special size, and would only be usable with further engineering. On the delivery date, Royal Jones refused to accept the shipment of tanks and refused to pay the contract price. First Thermal continued holding the tanks and had no other customers for them. First Thermal sued Royal Jones for breach of contract, and the trial court awarded the contract price, interest, and attorney’s fees and costs. Royal Jones appealed, arguing that First Thermal was not entitled to the full contract price.
Rule of Law
Issue
Holding and Reasoning (Zehmer, J.)
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