Agreement To Agree

62 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Innkeepers Int'l, Inc. v. McCOY Motels, Ltd.
  324 So. 2d 676· Fla. 4th DCA· 1975-12-19 ·cited 60×
  Innkeepers International sued McCoy Motels for breach of an employment contract to manage a newly constructed motel. The trial court found Innkeepers failed to prove its case, but the appellate court reversed, holding that despite a blank commencement date in the contract, the ag
• The Chedd-Angier Prod. Co., Inc. v. Omni Publ'ns Int'l, Ltd.
  756 F.2d 930· 1st Cir.· 1985-03-15 ·cited 48×
  The court affirmed the jury's verdict and the denial of motions for judgment notwithstanding the verdict or a new trial, finding sufficient evidence supported the jury's findings of an oral contract and breach, and that the district court did not err in its rulings or jury instru
• Skycom Corp. & Gerald M. Walters v. Telstar Corp.
  813 F.2d 810· 7th Cir.· 1987-03-03 ·cited 39×
  The court affirmed the district court's grant of summary judgment for Telstar, finding no valid issue regarding promissory estoppel or grounds for sanctions.
• Deepwater Invs. v. Jackson Hole SKI Corp. & Paul M. McCollister
  938 F.2d 1105· 10th Cir.· 1991-07-10 ·cited 28×
  The court held that genuine issues of material fact did not exist, and summary judgment for the defendant was proper.
• Dania Jai-Alai Palace, Inc. v. Sykes
  495 So. 2d 859· Fla. 4th DCA· 1986-10-08 ·cited 25×
  Appellants appealed a trial court's order enforcing a settlement agreement with Sykes for $6,000 plus interest, arguing no meeting of the minds existed because the proposed release differed materially from their oral understanding. The Fourth District Court of Appeal affirmed, ho
• Am. Viking Contractors, Inc. v. Scribner Equip. Co., Inc.
  745 F.2d 1365· 11th Cir.· 1984-11-05 ·cited 25×
  The court held that summary judgment was proper because the alleged restructuring agreement was too indefinite to be enforceable, and the personal guaranty was for an antecedent debt, thus precluding defenses of failure of consideration, accord and satisfaction, estoppel, and fra
• ABC Liquors, Inc. v. Centimark Corp.
  967 So. 2d 1053· Fla. 5th DCA· 2007-11-02 ·cited 19×
  ABC Liquors appeals a summary judgment dismissing its breach of contract action against Centimark Corporation over a settlement agreement governing roof repairs on ABC liquor stores. The trial court found the settlement agreement unenforceable as an illusory "agreement to agree,"
• Leopold v. Kimball Hill Homes Fla., Inc.
  842 So. 2d 133· Fla. 2d DCA· 2003-02-05 ·cited 18×
  Harry Leopold and Kimball Hill Homes entered into a contract to build a custom home on Lot 33, with the essential terms including price ($390,000), lot identification, square footage limit (3,100 sq ft), and that plans would be created post-signing. The trial court found no enfor
• MAY v. Sessums & Mason, P.A.
  700 So. 2d 22· Fla. 2d DCA· 1997-08-22 ·cited 18×
  Carol Ann May contests an award of $564,500 in "additional fees" to her former attorney, Sessums & Mason, P.A., while Sessums cross-appeals the trial court's rejection of its claim for $1,000,000. The Florida appellate court reversed, holding that the fee agreement's permissive l
• A. Henry "Hank" Soar v. Nat'l Football League Players' Ass'n
  550 F.2d 1287· 1st Cir.· 1977-03-11 ·cited 18×
  The court held that an alleged oral contract for pension benefits was too indefinite to be enforceable, and therefore summary judgment for the defendants was proper.
• B. Freeman Irby, M.D. v. Mem'l Healthcare Grp., Inc.
  901 So. 2d 305· Fla. 1st DCA· 2005-04-29 ·cited 16×
  An agreement to agree, lacking essential terms such as compensation and price, is not an enforceable contract.
• John Alden Life Ins. Co. v. Benefits Mgmt. Assocs., Inc.
  675 So. 2d 188· Fla. 3d DCA· 1996-05-29 ·cited 15×
  John Alden Life Insurance Company appealed a partial summary judgment order that enforced a contractual provision for a bonus to be negotiated in the future. The court reversed, holding that such a provision constitutes an unenforceable 'agreement to agree' under Florida law.
• Alpha Data Corp. v. HX5, L.L.C.
  139 So. 3d 907· Fla. 1st DCA· 2013-10-18 ·cited 14×
  Summary judgment was properly entered on the Mentor-Protégé Agreement claim under the Statute of Frauds because the unsigned three-year agreement could not be enforced without a writing. However, genuine issues of material fact remained on the breach of contract, fraud, promissor
• Doll v. Grand Union Co.
  925 F.2d 1363· 11th Cir.· 1991-03-11 ·cited 14×
  The court held that preliminary discussions and conditional statements of intent do not create a binding agreement to lease, and reliance on such statements is unreasonable when the parties explicitly condition final agreement on the execution of a formal lease document.
• Channel Home Ctrs. v. Grossman
  795 F.2d 291· 3d Cir.· 1986-06-30 ·cited 14×
  A property owner's promise to negotiate in good faith with a prospective tenant, pursuant to a letter of intent, can be an enforceable contract if supported by consideration and sufficiently definite terms.
• The Plumbing Serv. Co. v. Progressive Plumbing, Inc
  952 So. 2d 1211· Fla. 5th DCA· 2007-03-30 ·cited 13×
  The court held that the trial court erred in granting a judgment on the pleadings because the plaintiff sufficiently alleged the existence of a binding contract, and the language used did not conclusively establish an agreement to agree.
• Aveta Inc. v. C.A. No. 3598-VCL Roberto L. Bengoa
  2008 WL 5255818· Del. Ch.· 2009-12-24 ·cited 12×
  The court held the defendant in contempt for failing to comply with a prior order compelling arbitration. The court rejected the defendant's arguments that the Total Proposal novated the original purchase agreement or that the court lacked jurisdiction to enforce its order. Sanct
• State v. C & W Food Serv., Inc.
  765 So. 2d 728· Fla. 1st DCA· 2000-05-10 ·cited 11×
  A contract renewal clause that requires mutual agreement, satisfactory performance, and availability of funds does not create a right to renewal as a matter of law.
• Transamerica Equip. Leasing Corp. v. Union Bank
  426 F.2d 273· 9th Cir.· 1970-04-10 ·cited 11×
  The court held that even if the statute of frauds did not apply, no binding contract was formed because essential terms were left for future negotiation.
• Cibran Enters., Inc. v. BP Prods. N. Am., Inc.
  365 F. Supp. 2d 1241· S.D. Fla.· 2005-02-24 ·cited 10×
  The court held that the corporate plaintiff lacked standing to sue for breach of contract due to an invalid assignment, but granted leave to substitute the individual who should have brought the suit.
• Fincher v. Belk-Sawyer Co.
  127 So. 2d 130· Fla. 3d DCA· 1961-02-27 ·cited 10×
  The court held that provisions left for future agreement, such as the establishment of certain services and the amount of additional compensation, did not render the entire contract unenforceable because they were not essential to the core agreement.
• Spanish Broad. Sys. OF Fla., Inc. v. Alfonso
  689 So. 2d 1092· Fla. 3d DCA· 1997-01-22 ·cited 9×
  Spanish Broadcasting System appeals a jury verdict awarding damages for breach of employment contract and conversion. The appellate court reverses, holding that the purported employment agreement was unenforceable because it lacked an essential term (duration) and was merely an a
• Vigano v. Wylain, Inc.
  633 F.2d 522· 8th Cir.· 1980-10-31 ·cited 8×
  The court held that distributorship agreements are not covered by the UCC Statute of Frauds and that claims for lost future profits are too speculative to be recoverable.
• R. T. Eckles in Bankruptcy for Mountain States Sports v. Sharman
  548 F.2d 905· 10th Cir.· 1977-02-03 ·cited 8×
  The court held that the trial court erred in directing a verdict on contract validity and enforceability, as these were factual questions for the jury, and that the judgments against the defendants must be reversed.
• Richmond Screw Anchor Co., Inc. v. Umbach
  173 F.2d 532· 7th Cir.· 1949-01-18 ·cited 8×
  The court held that where parties contemplate future agreement on essential contract terms like royalty percentages, no legal obligation arises until that future agreement is made.
• Buck-Leiter Palm Ave. Dev., LLC v. City OF Sarasota
  212 So. 3d 1078· Fla. 2d DCA· 2017-03-03 ·cited 6×
  Buck-Leiter Palm Avenue Development appealed summary judgment dismissing its breach of contract claim against the City of Sarasota. The court reversed, holding that the Initial Redevelopment Agreement (IRA) contained sufficient essential terms and evidence of binding intent to su
• Midtown Realty, Inc. v. Akhtar Hussain & Malico, Inc.
  712 So. 2d 1249· Fla. 3d DCA· 1998-07-08 ·cited 6×
  Midtown Realty and a purchaser appealed a dismissal judgment, arguing a Letter of Intent to purchase a gas station constituted a binding contract. The court held that the Letter of Intent was merely a preliminary proposal and agreement to agree, not a binding contract, because th
• Hotel del Coronado Corp. v. Foodservice Equip. Distribs. Ass'n
  783 F.2d 1323· 9th Cir.· 1986-01-10 ·cited 6×
  The court held that the proposal letter, despite leaving price and payment terms for future agreement, was not merely an agreement to agree and thus could form the basis of a contract claim.
• Svoboda v. Bowers Distillery, Inc.
  745 F.2d 528· 8th Cir.· 1984-10-09 ·cited 6×
  The court held that the district court did not err in denying the defendant's motions for a directed verdict and judgment notwithstanding the verdict, as sufficient evidence supported the jury's finding of a contract.
• Norvin G. Maloney, Jr. v. E. I. DU Pont de Nemours & Co., Inc.
  352 F.2d 936· D.C. Cir.· 1965-06-10 ·cited 6×
  The court held that the fraud claim was barred by the statute of limitations, but the contract claim for wrongful breach of employment presented unresolved issues of material fact requiring trial.
• Nat'l TEA Co. v. Weiss
  341 F.2d 331· 7th Cir.· 1965-01-13 ·cited 6×
  The court held that no enforceable contract existed because essential terms, specifically regarding the building's specifications, were left for future agreement.
• Cristobal C. Hines v. Perez
  242 F.2d 459· 9th Cir.· 1957-01-29 ·cited 6×
  The court held that even if contract provisions for determining stock value were too indefinite to enforce, the seller could recover the reasonable value of the stock under quasi-contract principles because the buyer retained and benefited from the stock.
• Armstrong v. S. Prod. Co., Inc.
  182 F.2d 238· 5th Cir.· 1950-05-26 ·cited 6×
  The court held that the contract was definite, binding, and enforceable, and that the defendant waived any objections to the assignment of interest.
• Senter v. JPMorgan Chase Bank, N.A.
  810 F. Supp. 2d 1339· S.D. Fla.· 2011-08-09 ·cited 5×
  The court held that the plaintiffs failed to adequately plead consideration to establish a valid contract for a loan modification, and that the agreements were unenforceable agreements to agree due to indefinite terms.
• A.I.C. Trading Corp. v. Sanford Susman and Betty Susman
  40 So. 3d 769· Fla. 3d DCA· 2010-05-05 ·cited 5×
  AIC Trading Corp. appeals a trial court judgment finding a commercial lease purchase option agreement unenforceable. The appellate court reverses, holding that the option agreement contained sufficient essential terms to be enforceable and that the landlord anticipatorily repudia
• CSX Transp., Inc. v. Prof'l Transp., Inc.
  467 F. Supp. 2d 1333· M.D. Fla.· 2006-11-13 ·cited 5×
  The court held that the provision requiring parties to negotiate in good faith concerning contract modification was an unenforceable agreement to agree because essential terms were left open, and thus, CSX was entitled to summary judgment.
• Roth v. Marquez
  942 F.2d 617· 9th Cir.· 1991-08-08 ·cited 5×
• Washington A. Sena v. Pereira
  179 So. 3d 433· Fla. 4th DCA· 2015-11-12 ·cited 4×
  In this real property dispute, Sena appeals a summary judgment entered against him in a suit seeking specific performance, fraudulent inducement, and unjust enrichment relating to an option contract to purchase rental property. The court affirmed the dismissal of the specific per
• Aviation Contractor Emps., Inc. v. The United States
  945 F.2d 1568· Fed. Cir.· 1991-10-04 ·cited 4×
  The court held that Modification 41 for FY 1985 was not indefinite and remanded for findings on consideration, while affirming the Board's decision regarding FY 1984 pricing.
• Saul Bass & Assocs. v. The United States
  505 F.2d 1386· Ct. Cl.· 1974-07-19 ·cited 4×
  The court held that the parties entered into a binding contract for design services, and the plaintiff is entitled to the balance due for completed work, but not attorney's fees.
• Am. Recycling Co., Inc. v. Cnty. of Manatee
  963 F. Supp. 1572· M.D. Fla.· 1997-05-06 ·cited 3×
  The court held that the defendant's actions and communications, particularly the authorization to proceed with negotiations and the subsequent correspondence, could create a binding contract even before a formal written agreement was executed, thus potentially precluding summary
• Sanchis v. Rosell
  569 So. 2d 833· Fla. 3d DCA· 1990-11-06 ·cited 3×
  Sanchis borrowed $50,000 from Bacardi but failed to repay it. The trial court granted summary judgment for Bacardi, finding a binding loan agreement despite initial vague repayment terms, which were later clarified through Sanchis's written letters. The appellate court affirmed,
• Piero Salussolia, P.A. v. Gianni Nunnari & Hollywood Gang Prods., LLC
  215 So. 3d 156· Fla. 3d DCA· 2017-03-29 ·cited 2×
  The court held that the success fee provision was unenforceable due to indefiniteness, but the claims for retainer fees under the contract and quantum meruit were sufficiently pleaded.
• Danny K. White and wife v. Syfrett
  955 So. 2d 1110· Fla. 1st DCA· 2006-11-28 ·cited 2×
  The Florida First District Court of Appeal reversed a trial court's dismissal of a breach of contract claim involving real estate, holding that the plaintiffs adequately stated a cause of action at the pleading stage and that the defendant's challenges to the property description
• Ortega Travel Servs., Inc. v. Pearson
  765 So. 2d 931· Fla. 1st DCA· 2000-08-30 ·cited 2×
  Rafael Ortega and Ortega Travel Services, Inc. appeal a declaratory judgment finding a partnership existed with Gary Pearson and a summary judgment awarding Pearson damages for usurpation of partnership opportunity. The court affirmed the partnership finding but reversed the summ
• Hyman Freightways v. Carolina Freight Carriers Corp.
  942 F.2d 500· 8th Cir.· 1991-08-16 ·cited 2×
  An agreement to agree, where essential terms are left for future negotiation, is not a contract, and courts cannot create contracts from such agreements.
• Lund v. Albrecht
  936 F.2d 459· 9th Cir.· 1991-06-26 ·cited 2×
  The court held that the partnership dissolution was not finalized until June 4, 1984, and Albrecht breached his fiduciary duty by failing to disclose offers for partnership property. The court also held that Albrecht waived claims regarding competing property interests in the Jun
• Certified Motors, LLC v. Aventine Hill, LLC
  369 So. 3d 1254· Fla. 2d DCA· 2023-09-06 ·cited 1×
  A lease renewal option is enforceable even if silent as to the rental amount for the renewal period, because silence in a renewal option defaults to the original lease's rental terms. An agreement to agree on an essential term is unenforceable, but a renewal option that is silent
• THE City of Cocoa v. THE Villas of Cocoa Vill., LLC
  343 So. 3d 122· Fla. 5th DCA· 2022-04-14 ·cited 1×
  An RFP is not a binding contract but an invitation to negotiate; selection of a winning proposer does not transform the RFP into an enforceable contract when the parties have not executed a final agreement containing all essential terms. Without a valid contract, a proposer has n
• Juravin v. Jones
  M.D. Fla.· 2025-08-01
  The court held that the Memorandum of Understanding was an unenforceable agreement to agree, and thus, the plaintiff's claims for breach of contract, breach of fiduciary duty, and negligence failed. Other claims were dismissed for failure to state a claim or meet pleading standar