BEE LINE AIR TRANSPORT, INC., A FLORIDA CORPORATION, JAMES J. MACIVOR AND CELESTE B. MACIVOR, APPELLANTS,
v.
JIM DODD, A/K/A JAMES E. DODD, APPELLEE
Explore caselaw by topic → Browse Contract Validity cases and more on FLexlaw
PER CURIAM.
Bee Line Air Transport, Inc. and James and Celeste Maclvor appeal a final judgment of involuntary dismissal entered pursuant to Florida Rule of Civil Procedure 1.420(b). We affirm upon the following briefly stated legal analysis.
The contract for sale sued upon did not state a purchase price. At the close of plaintiffs’ case no testimony regarding price had been presented. Although a contract with an open price term will not fail for indefiniteness if the parties provide an objective method of determining price, see Blackhawk Heating & Plumbing Co. v. Data Lease Financial Corp., 302 So. 2d 404 (Fla.1974) (a contract will not fail for indefiniteness if the parties provide an objective method of determining price); Roe v. Winter Haven Co., 104 Fla. 317, 140 So. 463 (1932) (directed verdict for plaintiffs affirmed where substantial evidence tended to show the damages suffered); Bornstein v. Somerson, 341 So. 2d 1043 (Fla.2d DCA 1977) (substantial evidence was adduced to show open price term is common in citrus industry, suggesting parties’ intent to be bound), in the instant case the trial court, having no basis upon which to grant a remedy, properly found that there was no valid contract.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
John Alden Life Ins. Co. v. Benefits Mgmt. Assocs., Inc., 675 So. 2d 188 (Fla. 3d DCA 1996)…of law. Suggs v. Defranco’s, Inc., 626 So. 2d 1100, 1101 (Fla. 1st DCA 1993); Jacksonville Port Auth. v. W.R. Johnson Enters., Inc., 624 So. 2d 313, 315 (Fla. 1st DCA 1993), rev. denied, 634 So. 2d 629 (Fla.1994); Bee Line Air Transp. Inc. v. Dodd, 496 So. 2d 874 (Fla. 3d DCA 1986), rev. denied, 506 So. 2d 1040 (Fla.1987); see also Metropolitan Dade County v. Estate of Hernandez, 591 So. 2d 1124 (Fla. 3d DCA 1992) (finding failure to have reached a settlement agreement where there was no competent substantia…
-
Dryvac Env't, Inc. v. Global Guardian, Ltd., 728 So. 2d 757 (Fla. 3d DCA 1999)…d 22 (Fla. 2d DCA 1997); John Alden Life Ins. Co. v. Benefits Management Assocs., Inc., 675 So. 2d 188 (Fla. 3d DCA 1996); Jacksonville Port Auth. v. W.R. Johnson Enters., Inc., 624 So. 2d 313 (Fla. 1st DCA 1993), Bee Line Air Transp., Inc. v. Dodd, 496 So. 2d 874 (Fla. 3d DCA 1986).…
Authorities Cited
- Blackhawk Heating & Plumbing Co., Inc. v. Data Lease Fin. Corp., 302 So. 2d 404 (Fla. 1974)
- Bornstein v. Somerson, 341 So. 2d 1043 (Fla. 2d DCA 1977)
- Roe v. The Winter Haven Co., 104 Fla. 317 (Fla. 1932)
- Sec. Holding Co. v. Fla. & S. Dredging Co., 104 Fla. 576 (Fla. 1932)