PHILIP R. LEFORT, D/B/A INTERNATIONAL CRAFTSMEN, INC., APPELLANT,
v.
ANDREW CALDERONE, D/B/A ANDREW CALDERONE INDUSTRIES, APPELLEE

Fla. 3d DCA | 1971-02-09
No. 70-598
Before PEARSON, C. J., and BARK-DULL and HENDRY, JJ.
244 So. 2d 559 Florida District Court of Appeal, Third District (1971) Positive Treatment
Cited by 2 cases
Topics
Unpaid Rent Compromise And Settlement

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant was the tenant of the appellee and the judgment appealed is for unpaid rent. The point presented upon the appeal urges that the court erred in failing to recognize a settlement allegedly made prior to suit. The evidence as to the terms of the alleged settlement is conflicting. There is sufficient evidence to support a finding by the trier of fact that the proposed settlement was never accepted by the appellant. See International Shoe Company v. Carmichael, Fla.App.1969, 114 So.2d 436; 6 Fla.Jur. Compromise and Settlement § 10 (1956).

It appears without question, however, that the appellant did make a payment of $200 to appellee in anticipation of the settlement. The judgment entered failed to take this payment into account. We therefore modify the judgment by reducing the amount thereof to $1,000 plus interest and cost therein set forth. Schnabel v. Betts, 23 Fla. 178, 1 So. 692 (1887). F.S.A. § 59.34, F.S.A. In all other respects the judgment is affirmed.

Judgment modified and as modified affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • 22ND Ave. Drugs, Inc. v. Maisonneuve Invs., Inc., 313 So. 2d 112 (Fla. 3d DCA 1975)
    …Paper Company v. Hill, Fla.App. 1967, 202 So. 2d 201. Additionally, one seeking judgment pursuant to an agreement to settle must show mutual assent. Goff v. Indian Lake Estates, Inc., Fla.App.1965, 178 So. 2d 910; Lefort v. Calderone, Fla.App.1971, 244 So. 2d 559. Therefore, for the reasons stated, the order appealed is affirmed and the cause is remanded to the trial court for further proceedings. Affirmed.…
  • Lefort v. Calderone, 249 So. 2d 441 (Fla. 1971)
    …Certiorari dismissed. 244 So. 2d 559. ROBERTS, C. J., and ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.…

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