Bruna Aluminum Prods., Inc. v. Polakoff, 303 So. 2d 674 (Fla. 4th DCA 1974). · Go Syfert
Bruna Aluminum Prods., Inc. v. Polakoff, 303 So. 2d 674 (Fla. 4th DCA 1974). Cases Citing This Book View Copy Cite
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BRUNA ALUMINUM PRODUCTS, INC.
v.
Edward POLAKOFF and Audrey M. Polakoff, his wife
No. 73-1228.
District Court of Appeal of Florida, Fourth District.
Nov 29, 1974.
303 So. 2d 674
Robert S. Miller, Fort Lauderdale, for appellant., Ross E. Mowry, Fort Lauderdale, for appellees.
Downey, Mager, Walden.
Published
DOWNEY, Judge.

This is an appeal by a corporate contractor from a judgment in its favor which refused to allow attorney’s fees provided for in a written contract between the parties.

Although the trial court found the appel-lees were indebted to appellant for remod-elling their home, it found the written contract between the parties unenforceable because of a provision therein that the contract was not binding upon appellant until accepted and approved by an authorized executive. The contract was signed by Clifford Lee on a line in the printed form contract designated “Salesman”. At trial the proof showed Clifford Lee was a vice-president of the appellant company and that he had authority to approve and did approve this contract. Accordingly, the contract was binding on both parties and appellant was entitled to an award of attorney’s fees pursuant to the provisions thereof.

Reversed and remanded with directions to determine and award appellant a reasonable attorney’s fee.

WALDEN and MAGER, JJ., concur.