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Blosser v. Aadco Enterprises, Inc.
Citations: 526 So. 2d 126; 13 Fla. L. Weekly 1073; 1988 Fla. App. LEXIS 1786; 1988 WL 40965Docket: No. 87-1978
Court: District Court of Appeal of Florida; May 5, 1988; Florida; State Appellate Court
A contract required the appellee to install distribution cable by November 1, 1986, as a condition precedent for the contract to become effective and enforceable. The contract stipulated that if this condition was not met, it would be null and void, releasing both parties from liability. When the appellee sued the appellant for breach of contract, the appellant successfully argued that the contract was never effective due to the appellee's failure to meet the condition precedent. The appellant then sought attorney's fees based on a provision in the same contract, but the trial court denied this request. The court affirmed the denial, stating that since the appellee could not recover damages for a contract deemed ineffective, the appellant also could not recover attorney's fees based on that same contract provision. The ruling emphasized that the principles of fairness apply equally to both parties.