MIAMI BEACH CRUISERS, LLC
v.
ROLLY MARINE SERVICE COMPANY
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A contract that is partly written and partly oral, or one whose terms must be established through oral testimony to supplement incomplete writings, is classified as an oral contract subject to the four-year statute of limitations.
[1] A contract that is partly documented in writing but requires oral testimony to establish its complete terms and the defendant's liability must be classified as an oral co…
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Join FLexlaw to unlock all legal intelligence“where the evidence of liability relied on is partly set forth in writings in the form of letters and the like, but the writings are incomplete in themselves, or are otherwise so indefinite as to necessitate and make unavoidable plaintiff's resort to oral testimony to make complete the showing of any legal liability incurred by the defendant, under the terms of the transaction of which the writings are made a part, such agreement, partly written and partly oral, must be regarded as an oral contract”
Johnson v. Harrison Hardware Furniture Co., cited by the court to define when partially written contracts are treated as oral contracts
Miami Beach Cruisers brought an action against Rolly Marine Service Company on a contract. The evidence of liability relied upon was partly in written…
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PER CURIAM.
Affirmed. See § 95.11(3)(k), Fla. Stat. (2020) (“Actions other than for recovery of real property shall be commenced as follows: WITHIN FOUR
YEARS. – A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts.”); Johnson v.
Harrison Hardware Furniture Co., 160 So. 878, 879 (Fla. 1935) (“[W]here the evidence of liability relied on is partly set forth in writings in the form of letters and the like, but the writings are incomplete in themselves, or are otherwise so indefinite as to necessitate and make unavoidable plaintiff's resort to oral testimony to make complete the showing of any legal liability incurred by the defendant, under the terms of the transaction of which the writings are made a part, such agreement, partly written and partly oral, must be regarded as an oral contract . . . .”); ARDC Corp. v. Hogan, 656 So. 2d 1371, 1374 (Fla.
4th DCA 1995) (“The fact that [plaintiff] must rely on oral representations to create the agreement on which her claim is based, means, for the purposes of the statute of limitations, that the alleged contract is oral, not written.”).
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Johnson v. Harrison Hardware & Furniture Co., 119 Fla. 470 (Fla. 1935)
- Ardc Corp. v. Hogan, 656 So. 2d 1371 (Fla. 4th DCA 1995)