Continental Copper & Steel Industries, Inc. v. E. C. 'Red' Cornelius, Inc., 57-308

• Decision Date: 30 June 1958
• Docket Number: No. 57-308,57-308
• Citation: 104 So.2d 40
• Parties: CONTINENTAL COPPER AND STEEL INDUSTRIES, Inc., a Delaware corporation, Appellant, v. E. C. 'RED' CORNELIUS, Inc., a Florida corporation, and Florida Electric Supply, Inc., a Florida corporation, Appellees.
• Court: Florida District Court of Appeals

Page 40

104 So.2d 40

CONTINENTAL COPPER AND STEEL INDUSTRIES, Inc., a Delaware corporation, Appellant, v. E. C. 'RED' CORNELIUS, Inc., a Florida corporation, and Florida Electric Supply, Inc., a Florida corporation, Appellees.

No. 57-308.

District Court of Appeal of Florida, Third District.

June 30, 1958.

Rehearing Denied July 24, 1958.

Worley, Gautier & Dawes, Miami, for appellant.

Joseph A. St. Ana and Paul C. Ropes, Miami, for E. C. 'Red' Cornelius, Inc.

Brunstetter, Netter & Buchmann, Miami, for Florida Electric Supply, Inc.

HORTON, Judge.

Appeal was taken from a final judgment entered by the court below after trial without a jury.

The appellant is a manufacturer of electrical cable with its factories and principal offices outside the state of Florida. The appellee, Florida Electric Supply, Inc., is a wholesale dealer in electrical cable in Dade County, Florida, and appellee, E. C. 'Red' Cornelius, Inc., is an electrical contractor. Cornelius, through the appellee, Florida Electric Supply, Inc., placed an order and purchased electrical cable from the appellant, which cable was to be buried in the ground and used in connection with an installation being performed under subcontract for the United States Navy by Cornelius. After the wire had been in the ground some eight months, it was found to be defective and several power failures required the removal of the cable. Although all of the cable was not known to be defective, Cornelius, at the Navy's request, removed all of the cable and replaced it with another brand or type of cable.

The appellee, Cornelius, brought suit in the court below against the manufacturer as well as the dealer on the theory of an implied warranty that the cable would be reasonably fit for the purposes intended, to-wit: for burial in the ground and the transmission of high voltgage current. Appellant moved to dismiss the action and quash the purported service of process upon the principal ground that appellant had not engaged in a business venture in the state of Florida. Upon said motion, the court considered the proofs submitted and denied the motion. The appellant answered alleging that it was a Delaware corporation, had not designated a resident agent in Florida and denied that it had engaged in a business venture within the state of Florida. The answer further denied the relevant allegations of the complaint and particularly denied that the appellant had knowledge of the purpose or use for which the electrical cable was required or intended by the appellee, Cornelius. The answer further denied that it had sold the cable to Cornelius; that it was without knowledge of any alleged warranties that might have been made by the appellee, Florida Electirc Supply, Inc., and further affirmatively alleged that said appellee had no authority to make any warranties or representations on its behalf. The appellee, Florida Electric Supply, Inc., by cross-claim against appellant, adopted the allegations of the appellee, Cornelius, as contained in paragraphs 1, 2, and 3 of its amended complaint which in effect sought indemnification against the appellant for any damages resulting from a judgment that might be entered against said appellee. The main issues as raised in the amended complaint of the appellee, Cornelius, and the answer of the appellant were tried before the court without a jury and resulted in the rendition of a judgment against the appellant, and indemnification to the appellee, Florida Electric Supply, Inc., in the form of a judgment over and against the...