Failure Of Consideration

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

• Sumner Landay v. Landay
  429 So. 2d 1197· Fla.· 1983-03-31 ·cited 158×
  The Florida Supreme Court clarified the doctrine of 'special equity' in marital property division, holding that a spouse who contributes some (but not necessarily all) of the consideration for property held as tenants by the entireties may claim a special equity interest. The Cou
• United States v. Georgia-Pacific Co.
  421 F.2d 92· 9th Cir.· 1970-01-08 ·cited 117×
  The court held that the Government is subject to equitable estoppel and the clean hands doctrine, and therefore cannot obtain specific performance of the 1934 agreement due to its conduct.
• Hendricks v. Stark
  99 Fla. 277· Fla.· 1930-02-05 ·cited 114×
  This case concerns a foreclosure action on a purchase money mortgage. The appellate court affirmed the lower court's decision to strike a portion of the defendants' answer, which alleged a total failure of consideration for the mortgage due to defects in the property and unfulfil
• Etter v. State Bank of Fla.
  76 Fla. 203· Fla.· 1918-08-09 ·cited 99×
  This case addresses whether a mortgagor can contest entry of a deficiency judgment in a foreclosure proceeding by raising a defense of partial failure of consideration based on defective title to mortgaged property. The Florida Supreme Court reversed the deficiency judgment, hold
• Libby v. City Nat'l Bank
  592 F.2d 504· 9th Cir.· 1978-11-28 ·cited 92×
  The court held that the district court lacked jurisdiction for the interpleader action and vacated that judgment. It also found that certain suppliers' claims did not meet the amount in controversy for diversity jurisdiction. The court reversed the finding of breach of contract a
• Bucher v. Krause
  200 F.2d 576· 7th Cir.· 1952-12-12 ·cited 86×
  The court held that the jury's finding of unreasonable arrest was supported by evidence, and that certain defendants were liable for unlawful arrest, excessive force, and false imprisonment, while others were not. The court also addressed various trial errors.
• Realty Bond & Share Co. v. Englar
  104 Fla. 329· Fla.· 1932-02-23 ·cited 77×
  Realty Bond & Share Company appealed a judgment on a promissory note, challenging the trial court's sustaining of demurrers to several defensive pleas and the inclusion of attorney's fees in the judgment. The Florida Supreme Court reversed, holding that the first plea alleging fa
• Jasma Corp. v. Cap. Bank
  644 So. 2d 515· Fla. 3d DCA· 1994-09-07 ·cited 73×
  Capital Bank appeals a judgment awarding MVB, Inc. compensatory and punitive damages for breach of fiduciary duty, while MVB and Battaglia cross-appeal the denial of their motion to conform the verdict and adverse judgment on a promissory note. The court affirms the fiduciary dut
• Royal Typewriter Co. v. Xerographic Supplies Corp.
  719 F.2d 1092· 11th Cir.· 1983-11-14 ·cited 71×
  The court held that the trial court erred in instructing the jury on implied warranties of merchantability and fitness for a particular purpose, as no evidence supported these claims. However, issues regarding express warranties on useful life and maintenance costs, and certain f
• Smith v. O'Brien
  75 Fla. 252· Fla.· 1918-02-13 ·cited 71×
  The Florida Supreme Court affirmed a foreclosure decree, holding that the appellant failed to prove a lack of consideration for a mortgage and note. The court found sufficient evidence that the appellant received an interest in a business in exchange for the note and mortgage.
• Int'l Harvester Credit Corp. & Int'l Harvester Co. v. E. Coast Truck & R. V. Sales, Inc.
  547 F.2d 888· 5th Cir.· 1977-02-25 ·cited 70×
  The court held that the trial court erred in granting rescission of the contract because the party seeking relief had not requested it and the opposing party was prejudiced by the unexpected remedy.
• Fed. Deposit Ins. Corp. v. Santino D. MEO
  505 F.2d 790· 9th Cir.· 1974-10-21 ·cited 68×
  A bank borrower who was neither a party to any deceptive scheme nor negligent regarding circumstances giving rise to a defense to his note is not estopped from asserting such defense against the bank's receiver.
• Royal v. Parado
  462 So. 2d 849· Fla. 1st DCA· 1985-01-22 ·cited 62×
  An elderly widow sought rescission of quitclaim deeds she granted to her great-niece and great-nephew-in-law in exchange for their promise to provide care and support for life. The trial court rescinded the deeds and ordered the appellants to continue mortgage payments, but the a
• Farina v. Mission Inv. Tr.
  615 F.2d 1068· 5th Cir.· 1980-04-23 ·cited 62×
  The federal district court had subject matter jurisdiction, and its dismissal of the plaintiff's suit and entry of summary judgment for the defendants were not an abuse of discretion due to the plaintiff's failure to prosecute diligently and lack of sufficient summary judgment pr
• Schwartz v. Zaconick
  68 So. 2d 173· Fla.· 1953-06-19 ·cited 62×
  Schwartz sought to foreclose a mortgage on a note executed by the Zaconicks to settle a prior jewelry claim. The Zaconicks defended by asserting a contemporaneous oral agreement that interest would not be due unless the property was sold to third parties. The Florida Supreme Cour
• Crown ICE Mach. Leasing Co. v. SAM Senter Farms, Inc.
  174 So. 2d 614· Fla. 2d DCA· 1965-03-31 ·cited 58×
  Crown Ice Machine Leasing Company appealed a trial court's decree rescinding a contract with Sam Senter Farms for the supply and operation of ice-making equipment. The court affirmed the rescission on grounds of impossibility of performance and frustration of purpose, finding tha
• White v. Crandall
  105 Fla. 70· Fla.· 1931-11-13 ·cited 56×
  The Florida Supreme Court reversed a final judgment entered on demurrer where the trial court sustained the defendant's demurrer without leave to amend and rendered final judgment the same day the order was filed, without notice to defendant or his counsel. The Court held that pr
• Chase & Co. v. Miller
  81 Fla. 472· Fla.· 1921-04-07 ·cited 56×
  Chase & Company appeals a judgment for unpaid potatoes sold by Miller. The Florida Supreme Court reversed, holding that Miller failed to prove an enforceable sales contract because he did not establish that Mr. Waterman, through whom the transaction occurred, had authority to bin
• The Troxel Mfg. Co. v. Schwinn Bicycle Co.
  489 F.2d 968· 6th Cir.· 1973-12-19 ·cited 54×
  The court held that the denial of Troxel's motion to amend its pleadings was not an abuse of discretion, but reversed the denial of Schwinn's counterclaim for royalties due before the patent's invalidation.
• Spadaro v. J. W. Baird for John C. Hinkson
  97 Fla. 50· Fla.· 1929-01-28 ·cited 53×
  Spadaro and Fitch challenge a judgment on promissory notes by arguing the acceleration clause in the mortgage should not apply to permit an action on the notes before their stated maturity dates. The Florida Supreme Court affirmed, holding that notes and mortgage executed contemp
• Harris v. Zeuch
  103 Fla. 183· Fla.· 1931-10-20 ·cited 52×
  Mortgage foreclosure case where defendants claimed failure of consideration based on alleged misrepresentations by the mortgagee regarding the quality of title. The Florida Supreme Court affirmed dismissal of the defendants' affirmative defenses, holding that even if misrepresent
• 1. Frank H. Farnham & Henrietta Farnham v. Blount
  152 Fla. 208· Fla.· 1942-08-04 ·cited 48×
  Three consolidated appeals from foreclosure decrees on purchase-money mortgages for the Seamarge estate property, where the Farnhams alleged fraudulent misrepresentation regarding the property's condition and construction cost but failed to timely assert their defense. The Florid
• Heathcote v. Fairbanks
  60 Fla. 97· Fla.· 1910-06-01 ·cited 48×
  W. E. Heathcote appealed a judgment rendered against him when the trial court sustained a demurrer to his third, fourth, and fifth pleas in a debt action brought by Fairbanks, Morse & Company for $1,700 representing the balance owed on a gasoline engine. The Florida Supreme Court
• Papcun v. Piggy BAG Discount Souvenirs
  472 So. 2d 880· Fla. 5th DCA· 1985-07-18 ·cited 47×
  Appellants appealed a trial court's order granting a new trial in a breach of promissory note case where the jury found fraud and awarded compensatory and punitive damages. The appellate court reversed, holding that the jury's fraud finding was supported by evidence independent o
• United States v. COX
  464 F.2d 937· 6th Cir.· 1972-07-18 ·cited 47×
  A guilty plea, even if intelligent and voluntary, generally waives non-jurisdictional defects, and a procedure allowing appeal on such grounds after a guilty plea is inconsistent with legal principles and will not be countenanced.
• Harrell v. Durrance
  9 Fla. 490· Fla.· 1861-01-01 ·cited 47×
  In this 1861 case, Harrell appeals a judgment on a promissory note for $700, arguing the trial court erred in evidentiary rulings and jury instructions. The Florida Supreme Court found the jury awarded $42.67 in excessive damages by failing to credit an endorsement on the note an
• Fed. Deposit Ins. Corp. v. Hatmaker
  756 F.2d 34· 6th Cir.· 1985-03-01 ·cited 46×
  The court held that an oral agreement to fill in a specific amount on a blank promissory note is an agreement that tends to diminish the FDIC's interest in the asset and is therefore unenforceable against the FDIC under 12 U.S.C. § 1823(e) if not in writing and properly recorded.
• State OF Pa. v. Curtiss Nat'l Bank OF Miami Springs
  427 F.2d 395· 5th Cir.· 1970-06-04 ·cited 44×
  The court held that the bank's issuance of a cashier's check constituted an unconditional obligation, and the bank could not stop payment due to a failure of consideration related to separate underlying transactions. The court also affirmed summary judgment against a third-party
• Storrs v. Storrs
  130 Fla. 711· Fla.· 1937-05-20 ·cited 44×
  H. C. Storrs purchased a newspaper plant from R. W. Storrs based on fraudulent representations regarding its value and earning capacity, paying $9,000 when the plant was worth only $895. When sued on a promissory note for the unpaid balance, Storrs sought to assert a defense of r
• Amendments to the Florida Rules of Civil Procedure
  773 So. 2d 1098· Fla.· 2000-10-05 ·cited 43×
  This is a Florida Supreme Court order adopting proposed amendments to the Florida Rules of Civil Procedure, submitted by the Civil Procedure Rules Committee. The court approves substantive amendments to multiple rules and forms, effective January 1, 2001.
• Mrs. Frania Tye LEE v. Hunt
  631 F.2d 1171· 5th Cir.· 1980-12-01 ·cited 42×
  The court held that the January 16 settlement agreement was binding on Hugh Hunt, and the master settlement agreement reasonably embodied its terms, despite Hugh Hunt's claims of no meeting of the minds, duress, or undue influence.
• First Nat'l Ins. Agency, Inc. v. Leesburg Transfer & Storage, Inc.
  139 So. 2d 476· Fla. 2d DCA· 1962-03-28 ·cited 41×
  An insurance broker was sued for breach of an oral contract to double the insured's fire insurance coverage. The trial court found for the plaintiff and awarded damages equal to the amount of additional insurance allegedly promised. The appellate court reversed and remanded, hold
• Archibald McCallum and J. C. Greeley v. Driggs
  35 Fla. 277· Fla.· 1895-01-01 ·cited 41×
  McCallum and Greeley appealed a judgment against them on a promissory note held by Driggs. The court affirmed, holding that Greeley, who endorsed the note before delivery to the payee, was liable as an original joint maker rather than merely a surety, and that Driggs had sufficie
• Bedford Jones v. McConnon & Co.
  100 Fla. 1158· Fla.· 1930-11-07 ·cited 39×
  Bedford Jones executed an absolute and unconditional guaranty contract guaranteeing payment of goods sold to J.E. Ford by McConnon & Company. Jones challenged the guaranty on grounds that the stated consideration of $1.00 was never paid and that the guaranty had not been accepted
• Ahren v. Willis
  6 Fla. 359· Fla.· 1855-03-01 ·cited 39×
  The Florida Supreme Court affirmed the Circuit Court's judgment in a debt action on a sealed note, rejecting the defendants' challenges to both the denial of a continuance motion and the sufficiency of their special plea alleging lack of consideration.
• Maud Frierson and Mattie Frierson v. Frierson
  110 Fla. 416· Fla.· 1933-06-06 ·cited 38×
  The Florida Supreme Court reversed a trial court's dismissal of an equity suit for rescission of a deed and accounting, holding that although the complaint failed to state a valid equitable claim, the court should have transferred the case to the law docket rather than dismissing
• McDonald v. Ola Sanders
  103 Fla. 93· Fla.· 1931-10-14 ·cited 38×
  McDonald and Burgman sued Sanders and Fraleigh on seven promissory notes totaling $2,625 for a used steam shovel sold with an alleged $1,500 in new parts and a warranty of good working condition. The jury found the shovel failed to meet the express warranty and lacked the promise
• McClinton v. Chapin
  54 Fla. 510· Fla.· 1907-06-01 ·cited 38×
  McClintons purchased Florida land from Chapin for $1,400 based on representations of good and marketable title, executing a warranty deed and promissory note. McClintons sought equity relief to cancel the note and mortgage after discovering title defects including tax liens and a
• Ganaway v. Henderson
  103 So. 2d 693· Fla. 1st DCA· 1958-06-24 ·cited 37×
  Kenneth Ganaway leased a Dairy Queen store from Dorothy Henderson but vacated after six months due to equipment problems. Ganaway sought rescission of the lease and damages for spoiled ice cream mix, alleging fraud and breach of warranty. The Florida District Court of Appeal affi
• Fla. Nat. Bank Tr. Co. v. Brown
  47 So. 2d 748· Fla.· 1949-07-29 ·cited 37×
  The Florida Supreme Court affirmed a lower court decision denying foreclosure on a mortgage given by a mother to her daughter for past services rendered. The court held that services rendered without a pre-existing agreement for compensation do not constitute valuable considerati
• Bank S. Leasing, Inc. v. Williams
  778 F.2d 704· 11th Cir.· 1985-12-19 ·cited 36×
  The court held that post-judgment interest applies to punitive damages and that a directed verdict for fraud was proper due to insufficient evidence, but reversed a judgment due to erroneous jury instructions on affirmative defenses.
• Hurner v. Mut. Bankers Corp.
  140 Fla. 435· Fla.· 1939-11-03 ·cited 36×
  The Florida Supreme Court affirmed a judgment against the maker of a renewal note, holding that he waived his fraud defense by executing the renewal note without exercising ordinary diligence to discover the alleged fraud within the approximately one-year interval between the ori
• Fed. Deposit Ins. Corp. v. McCULLOUGH
  911 F.2d 593· 11th Cir.· 1990-09-10 ·cited 35×
  The D'Oench, Duhme doctrine and federal common law protections extend to the FSLIC as a receiver, barring defenses based on unrecorded oral agreements, even when the FSLIC is later substituted as the real party in interest.
• Zwack v. Kraus Bros. & Co., Inc.
  237 F.2d 255· 2d Cir.· 1956-10-02 ·cited 35×
  The court held that it had appellate jurisdiction over the injunctive provisions of the decree but not over the monetary awards or the reference to a master, and affirmed certain conclusions of law while remanding others.
• S. v. Smith v. Midcoast Inv. Co.
  127 Fla. 455· Fla.· 1937-03-16 ·cited 35×
  In this mortgage foreclosure appeal, the Florida Supreme Court affirmed the lower court's final decree of foreclosure against Smith, rejecting challenges to the appointment of a receiver, admission of evidence, sufficiency of consideration, usury defenses, and attorney's fees cal
• Mease v. Warm Mineral Springs, Inc.
  128 So. 2d 174· Fla. 2d DCA· 1961-03-01 ·cited 34×
  Dr. Mease appeals a decree ordering rescission of a deed conveying five acres of land from Warm Mineral Springs, Inc., based on his failure to construct a promised therapeutic clinic within twelve months. The court affirmed, holding that Mease's alleged modification of the constr
• Fairbanks v. Consol. Fisheries Co.
  190 F.2d 817· 3d Cir.· 1951-07-09 ·cited 34×
  The court held that descriptive language in a contract specification constitutes an express warranty and that disclaimer clauses did not negate this warranty, nor did a written acceptance for installation waive the breach of warranty claim. The court also held that a disclaimer c
• J. C. Brinkley and his wife v. Arnold
  98 Fla. 166· Fla.· 1929-07-16 ·cited 34×
  J.D. Arnold sought to cancel a deed he executed to J.C. Brinkley in exchange for Arkansas land, alleging Brinkley fraudulently misrepresented his ownership of that land. The Florida Supreme Court reversed the lower court's decision, holding that the evidence was insufficient to s
• Bland v. Fid. Tr. Co.
  71 Fla. 499· Fla.· 1916-04-12 ·cited 34×
  Fidelity Trust Company purchased a negotiable promissory note endorsed by McLaughlin Brothers and sought to recover from the makers. The defendant makers challenged the note on multiple grounds, including fraud in inducement, failure of consideration, and alleged material alterat
• Padgett v. Lewis
  54 Fla. 177· Fla.· 1907-06-01 ·cited 33×
  The Florida Supreme Court upheld a judgment for a promissory note holder against the executors of a deceased defendant. The court held that defendants who renew a note with knowledge of a partial failure of consideration waive their defense and cannot subsequently raise it agains