Consideration For Contract Modification

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

• Dressler v. The MV Sandpiper
  331 F.2d 130· 2d Cir.· 1964-04-09 ·cited 83×
  In an eminent domain proceeding, the court determined whether a mortgagee had valid rights to compensation awarded for mortgaged land, ruling that the mortgagee was not a bona fide holder for value and its mortgage was void.
• Williamsburg Drapery Co. v. The United States
  369 F.2d 729· Ct. Cl.· 1966-12-16 ·cited 52×
  The court affirmed the trial commissioner's decision to review the merits, finding no abuse of discretion in overlooking procedural defects in the contractor's presentation.
• Grand Trunk W. R. Co. v. H. W. Nelson Co., Inc.
  116 F.2d 823· 6th Cir.· 1941-01-09 ·cited 49×
  The court held that there was substantial evidence of fraud and that the oral agreement for delay compensation was valid and enforceable, affirming the jury's verdict.
• F.M.W. Props., Inc. v. Peoples First Fin. Sav. & Loan Ass'n
  606 So. 2d 372· Fla. 1st DCA· 1992-08-12 ·cited 41×
  In this mortgage foreclosure appeal, F.M.W. Properties and Fred Webb challenged summary judgment in favor of Peoples First Financial by claiming an oral agreement that the loan would be renewed at maturity based on property sales, not immediate payment. The court affirmed the sum
• Geo. W. Robinson & Co. v. Hyer Bros.
  35 Fla. 544· Fla.· 1895-01-01 ·cited 36×
  Robinson & Co. sold lumber to Hyer Brothers for delivery to European buyers under specific contracts. When the lumber proved defective, Hyer Brothers sought damages for breach and for Robinson's alleged promise to indemnify them against all loss. The Florida Supreme Court upheld
• Litman v. Mass. Mut. Life Ins. Co.
  739 F.2d 1549· 11th Cir.· 1984-08-27 ·cited 31×
  The court held that the statement made by Mass Mutual to Litman's prospective employer was invited and thus not actionable slander, requiring reversal of that portion of the award and a new trial on punitive damages. The remaining claims were found to be without merit.
• Keene Corp. v. Int'l Fid. Ins. Co.
  736 F.2d 388· 7th Cir.· 1984-05-29 ·cited 26×
  A compensated surety is not discharged by an extension of time for performance unless the extension is supported by valid consideration, and a surety is not discharged by extensions if it had notice and tacitly consented.
• Brevard Cnty. Fair Ass'n, Inc. v. Cocoa Expo, Inc.
  832 So. 2d 147· Fla. 5th DCA· 2002-11-01 ·cited 25×
  Brevard County Fair Association appeals from a final judgment in a breach of lease dispute with Cocoa Expo, Inc., challenging the trial court's findings regarding lease interpretation, attorney's fees, and damages. The court affirmed, holding that both parties achieved partial su
• Jacques Lugassy v. Indep. Fire Ins. Co.
  636 So. 2d 1332· Fla.· 1994-05-19 ·cited 25×
  The Florida Supreme Court held that parties to an attorney fee agreement may modify the agreement up to the time a verdict is reached, rejecting the requirement of new consideration for pre-verdict modifications. The Court quashed the Third District's reversal of a trial court's
• Brookhaven Landscape & Grading Co., Inc. v. J. F. Barton Contracting Co. & United States Fid. & Guar. Co.
  676 F.2d 516· 11th Cir.· 1982-05-17 ·cited 25×
  The court held that while the jury could find an oral agreement for extra boulder excavation, the plaintiff was only entitled to recover for boulders encountered beyond the area specifically designated in the contract plans, and the award must be reduced accordingly.
• Medtronic, Inc. v. Benda
  689 F.2d 645· 7th Cir.· 1982-07-13 ·cited 24×
  The court held that the restrictive covenants were valid and enforceable under Illinois law, and the injunction was sufficiently specific.
• Onaway Transp. Co. v. Offshore Tugs, Inc.
  695 F.2d 197· 5th Cir.· 1983-01-14 ·cited 22×
  The court held that a binding contract for tug services at the lower rates was formed on March 27, and any subsequent attempt to modify the rate lacked consideration, entitling the plaintiff to restitution for overpayment.
• Fed. Deposit Ins. Corp. for Sunrise Sav. & Loan Ass'n v. Hemmerle
  592 So. 2d 1110· Fla. 4th DCA· 1991-10-23 ·cited 21×
  The FDIC, as receiver for a failed savings and loan, appealed a judgment against it on a Second Guaranty claim, arguing that appellees' fraud defenses and counterclaims were barred by the parol evidence rule, merger clause, res judicata, and estoppel by judgment. The court revers
• United States v. Stump Home Specialties Mfg.
  905 F.2d 1117· 7th Cir.· 1990-06-29 ·cited 20×
  A waiver of notice for loan modifications in a guaranty agreement is valid, and the substitution of a variable interest rate for a fixed rate, or one variable rate for another, is supported by consideration and thus enforceable against the guarantors.
• Wonda Enis v. Cont'l Ill. Nat'l Bank & Tr. Co. OF Ill.
  795 F.2d 39· 7th Cir.· 1986-07-03 ·cited 20×
  An employee handbook creates contract rights only if it is part of a pre-existing contract or an enforceable modification of an at-will employment relationship; the handbook's provisions on discharge did not apply to the plaintiff's misconduct.
• Tussing v. Smith
  125 Fla. 578· Fla.· 1936-03-23 ·cited 20×
  The court affirmed a lower court's decision that an alleged oral agreement to modify a mortgage was invalid. The agreement was not in writing, lacked consideration, and the assistant liquidator lacked the authority to enter into it without court approval.
• S. Farm Bureau Cas. Ins. Co. v. United States
  395 F.2d 176· 8th Cir.· 1968-05-22 ·cited 18×
  The court held that a limiting endorsement excluding the United States from insurance coverage was void for lack of consideration, and that policy renewals did not validate the void endorsement.
• Int'l Shoe Co. v. Carmichael
  114 So. 2d 436· Fla. 1st DCA· 1959-09-01 ·cited 17×
  The court held that the trial court erred in dismissing the plaintiff's suit and in submitting the defendant's counterclaim to the jury, as the alleged agreements lacked valid consideration and certainty.
• Baker v. The Penn Mut. Life Ins. Co.
  788 F.2d 650· 10th Cir.· 1986-04-02 ·cited 16×
  The court affirmed the district court's grant of summary judgment, finding no genuine issue of material fact on the claims of wrongful termination, loss of vested commissions, and rescission of contract under Kansas law.
• Austin v. Parker
  672 F.2d 508· 5th Cir.· 1982-04-08 ·cited 16×
  The court held that there was only one contract, M&M breached it by abandoning the work, and Austin is entitled to full attorneys' fees and penalties from the surety.
• Ætna Life Ins. Co. v. Meyn
  134 F.2d 246· 8th Cir.· 1943-03-05 ·cited 16×
  The court held that the insured accepted the automatic premium loan provision through his conduct, and the policy's effective date was as agreed by the parties, thus the policy lapsed due to non-payment after the loan value was exhausted.
• Christie v. Highland Waterfront Co.
  114 Fla. 263· Fla.· 1934-03-12 ·cited 16×
  The Florida Supreme Court affirmed a mortgage foreclosure decree despite the mortgagor's arguments that the mortgagee had agreed to waive foreclosure and that he had made substantial improvements to the property. The court rejected both the mortgagor's defenses and his post-judgm
• Leasing Serv. Corp. v. Crane
  804 F.2d 828· 4th Cir.· 1986-10-30 ·cited 14×
  The court held that the waiver of defenses clause in the lease agreement is enforceable under UCC § 9-206, precluding the handwritten agreement's limitation of remedies, and that the lease covered both the rig and the truck.
• Roth Steel Tube Co. v. Commissioner OF Internal Revenue
  620 F.2d 1176· 6th Cir.· 1980-05-08 ·cited 14×
  The court held that a taxpayer cannot unilaterally declare a debt from its subsidiary worthless and deduct it if the action is voluntary and not clearly due to the subsidiary's inability to pay.
• In re Kellett Aircraft Corp.
  173 F.2d 689· 3d Cir.· 1949-02-09 ·cited 12×
  The court held that the October contract, which substituted for the April contract, was valid and binding, and that the retention of tools by the seller without delivery constituted a fraud in law as to creditors.
• Blue Paper, Inc. v. Provost
  914 So. 2d 1048· Fla. 4th DCA· 2005-11-23 ·cited 11×
  Blue Paper, Inc. appeals a trial court judgment awarding specific performance of a townhouse purchase contract to buyer William Provost. The appellate court affirms, rejecting Blue Paper's arguments that legal deficiencies in the contract and lack of mutuality of obligation or re
• U. S. Props., Inc. v. Marwin Corp.
  123 So. 2d 371· Fla. 3d DCA· 1960-10-03 ·cited 11×
  In a dispute over a 99-year commercial lease, the court held that a tenant failed to comply with lease provisions requiring assignment of a mortgage commitment because the commitment required personal signatures of third parties whose future availability and creditworthiness were
• United States v. A.I. Reisz & Nat'l Sur. Corp.
  718 F.2d 1004· 11th Cir.· 1983-11-03 ·cited 10×
  The court held that a party must move for a directed verdict at the close of all evidence to preserve a motion for judgment n.o.v., and that prejudgment interest should not have been awarded on an unliquidated counterclaim that offset a liquidated claim.
• Commercial Contractors, Inc. v. United States Fid. & Guar. Co.
  524 F.2d 944· 5th Cir.· 1975-09-29 ·cited 10×
  The court did not issue a holding as this is a concurring opinion.
• McALLISTER Enters., Inc. v. McALLISTER Hotel, Inc.
  219 So. 2d 114· Fla. 3d DCA· 1969-02-25 ·cited 10×
  The court held that the appellant's complaints failed to state a cause of action, and the trial court properly dismissed them.
• Salinas v. Rieck & Fleece Builders Supplies, Inc.
  109 So. 2d 394· Fla. 2d DCA· 1959-02-06 ·cited 10×
  Salinas contracted to sell 19 lots with an expiration date of August 17, 1956, but continued accepting payments and deed deliveries after that date. When he attempted to terminate the contract after September 18 and 20 transactions, the court granted specific performance to Rieck
• Hogan v. Supreme Camp of the Am. Woodmen
  146 Fla. 413· Fla.· 1941-03-25 ·cited 10×
  Roy Hogan sought to recover the full death benefit from a fraternal insurance certificate issued to his wife, but the insurer sought to limit recovery by one-half based on amendments to its by-laws enacted after the original certificate's issuance. The Florida Supreme Court rever
• McGehee Lumber Co. v. Tomlinson
  66 Fla. 536· Fla.· 1913-12-17 ·cited 10×
  Real estate broker Tomlinson sued McGehee Lumber Company to recover sales commissions for selling a large tract of land. The jury awarded $3,370.38 in commissions plus $1,078.52 in interest. McGehee appealed, challenging whether the president had authority to contract with Tomlin
• Payroll Express Corp. v. The AETNA Cas. & Sur. Co.
  659 F.2d 285· 2d Cir.· 1981-09-09 ·cited 8×
  The court held that the insurance policy was non-cancellable except for non-payment of premiums, reversing the lower court's decision to limit the non-cancellation period. The court found that the parties intended the policy to be permanently non-cancellable, subject only to prem
• Pittsburgh Testing Lab. v. Farnsworth & Chambers Co., Inc.
  251 F.2d 77· 10th Cir.· 1958-01-06 ·cited 8×
  An oral contract for additional compensation for services already owed under a written contract is enforceable if it compromises a bona fide dispute between the parties.
• Schiel v. N.Y. Life Ins. Co.
  178 F.2d 729· 9th Cir.· 1949-12-21 ·cited 8×
  The court held that an incontestable clause in an insurance policy precludes reformation, even after the insured's death.
• Lange v. United States
  120 F.2d 886· 4th Cir.· 1941-06-10 ·cited 8×
  A promise to pay additional compensation for performance under a contract is supported by valid consideration if unforeseen difficulties arise that were not contemplated by the parties, even if the party was already legally obligated to perform under the original contract.
• Porter v. The Sims Co. Ltd.
  55 Fla. 504· Fla.· 1908-01-01 ·cited 8×
  The Sims Company sued Live Oak Manufacturing Company for the contract price of five boiler cleaners sold on a trial basis with a 60-day testing period from arrival. The Florida Supreme Court affirmed the trial court's judgment for the plaintiff, holding that the defendants were b
• In re Boston Shipyard Corp.
  886 F.2d 451· 1st Cir.· 1989-09-27 ·cited 7×
  The court held that Modification 14 was supported by consideration and not voidable due to duress, and that BSC's cessation of work constituted an unjustified abandonment of the contract.
• Hines v. Ward Baking Co.
  155 F.2d 257· 7th Cir.· 1946-05-03 ·cited 7×
  A modified employment contract, where the parties fully perform the agreement to accept lesser compensation for future services, is valid and enforceable even without new consideration.
• The Jacksonville & Atl. R.R. Co. v. Woodworth
  26 Fla. 368· Fla.· 1890-06-01 ·cited 7×
  The Jacksonville & Atlantic Railroad Company appealed a jury verdict awarding Woodworth compensation beyond the contract price for constructing a pavilion at Pablo Beach. The Florida Supreme Court reversed, holding that the contract price of $3,980 remained binding despite delays
• Elise G. Strange v. Krebs
  658 F.2d 268· 5th Cir.· 1981-09-08 ·cited 6×
  The court certified questions to the Mississippi Supreme Court regarding the validity of a student exclusion endorsement for lack of consideration, rather than deciding the issue itself.
• Byers Transp. Co. v. The Fourth Nat'l Bank & Tr. Co.
  333 F.2d 822· 10th Cir.· 1964-06-29 ·cited 6×
  The court held that the parties extended the closing date and the appellant's telegram constituted sufficient notice to terminate the contract, entitling them to the escrow deposit.
• Welcome Wagon, Inc. v. Morris
  224 F.2d 693· 4th Cir.· 1955-07-26 ·cited 6×
  The appellate court held that the restrictive covenant was void and unenforceable because it was unreasonable in duration and geographic scope, and thus affirmed the district court's denial of injunctive relief.
• Hobbs Constr. & Dev., Inc. v. Colonial Concrete Co.
  461 So. 2d 255· Fla. 1st DCA· 1984-12-26 ·cited 5×
  Hobbs Construction appealed a trial court judgment awarding Colonial Concrete payment for overtime concrete deliveries under a July 1982 agreement for nighttime and Sunday pouring services. The court affirmed, holding that the July agreement was supported by consideration, that H
• Murphy v. Royal Am. Indus., Inc.
  188 So. 2d 884· Fla. 4th DCA· 1966-07-26 ·cited 5×
  Murphy and other stockholders exchanged their Fort Pierce Port & Terminal Co. stock for Royal American Industries stock under an agreement requiring Royal American to register the stock for trading on the American Stock Exchange within six months, or repurchase the shares at $2.5
• Reva Davidpur v. Counne
  972 So. 2d 891· Fla. 3d DCA· 2007-10-17 ·cited 4×
  In a foreclosure action, the court reversed a judgment for the defendant borrower, holding that an alleged oral modification of a promissory note lacked sufficient consideration because the borrower presented no evidence of any additional obligation beyond what she was already le
• Darwin v. Brown
  757 So. 2d 628· Fla. 5th DCA· 2000-05-19 ·cited 4×
  Darwin Brown appeals a trial court's enforcement of an alimony formula tied to his NASA retirement benefits, arguing the formula improperly allows his former wife to share in retirement benefits accrued after their marriage's dissolution. The appellate court affirmed, holding tha
• 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.
• Hillyer v. Pan Am. Petroleum Corp.
  348 F.2d 613· 10th Cir.· 1965-06-25 ·cited 4×
  The court held that the letter agreement of April 5, 1957, was valid and governed the parties' rights, and that the subsequent Iranian Petroleum Act and Pan American's bid under it did not fall within the scope of the original agreement due to the competitive bidding exclusion.