EUGENIO CORREA, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Carole Korn Interiors, Inc. v. Goudie, 573 So. 2d 923 (Fla. 3d DCA 1990)
  …hed the contract by refusing to remit payment, and that CKI suffered damages. These allegations sufficiently set forth a cause of action for breach of an oral contract. Perry v. Cosgrove, 464 So. 2d 664 (Fla. 2d DCA 1985); Wackenhut Corp. v. Conner, 420 So. 2d 383 (Fla. 3d DCA 1982); Industrial Medicine Pub. Co. v. Colonial Press of Miami, Inc., 181 So. 2d 19 (Fla. 3d DCA 1965). As to the account stated claim, the complaint sufficiently alleged “an agreement between the parties that -a certain balance is corr…
• Cupeiro v. Baron, 555 So. 2d 370 (Fla. 3d DCA 1989)
  …341 (1937); § 725.01, Fla.Stat. (1987), is taken "out of the statute” by Baron's partial performance in his purchase of the aircraft. See and compare Crossman v. Fontainebleau Hotel Corp., 273 F. 2d 720 (5th Cir.1959) with Wackenhut Corp. v. Conner, 420 So. 2d 383 (Fla. 3d DCA 1982); Minsky's Follies v. Sennes, 206 F. 2d 1 (5th Cir.1953). . Although we need not reach the question, we note, as an alternative basis for reversal, that the measure of damages adopted below was incorrect. Since there was no showin…

Authorities Cited

• State v. Freber, 366 So. 2d 426 (Fla. 1978)
• Downer v. State, 375 So. 2d 840 (Fla. 1979)
• Estrada v. State, 400 So. 2d 562 (Fla. 3d DCA 1981)