Contemporary Business Law 8th Edition by Henry Cheeseman

تمرين 5

Condition Shumann Investments, Inc. (Shumann), hired Pace Construction Corporation (Pace), a general con­tractor, to build Outlet World of Pasco Country. In turn, Pace hired OBS Company, Inc. (OBS), a subcontractor, to perform the framing, drywall, insulation, and stucco work on the project. The contract between Pace and OBS stipulated: "Final payment shall not become due unless and until the fol­lowing conditions precedent to final payment have been satis­fied... (c) receipt of final payment for subcontractor's work by contractor from owner." When Shumann refused to pay Pace, Pace refused to pay OBS. OBS sued Pace to recover payment. Who wins? Pace Construction Corporation v. OBS Company , Inc., 531 So.2d 737, Web 1988 Fla.App. Lexis 4020 (Court of Appeal of Florida)