Failure Of Consideration

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

• Coffin v. Talbot
  110 Fla. 131· Fla.· 1933-05-09 ·cited 32×
  The Florida Supreme Court held that a maker of promissory notes cannot assert a set-off defense based on damages from an alleged breach of covenant in a deed of conveyance when sued by a holder of the notes acquired after maturity. The court affirmed that such collateral claims d
• Linnie W. Lewter v. Price
  25 Fla. 574· Fla.· 1889-06-01 ·cited 32×
  In this equity case, Lewter and Beacham sought to foreclose a mortgage given by the Prices to secure two promissory notes. The Florida Supreme Court affirmed the trial court's dismissal of the foreclosure bill, holding that the notes and mortgage were conditioned on the consummat
• Joyce v. Davis
  539 F.2d 1262· 10th Cir.· 1976-07-26 ·cited 30×
  The court held that the defendant was liable for the $60,000 bonus because the ambiguity in the plaintiffs' title did not constitute a failure of consideration or mutual mistake, especially since the defect was later corrected.
• Automatic Radio MFG. Co., Inc. v. Hazeltine Research, Inc.
  176 F.2d 799· 1st Cir.· 1949-08-22 ·cited 30×
  A patent licensee cannot challenge the validity of the licensed patents when sued for royalties, absent specific exceptions like price-fixing, and the failure to mark licensed apparatus does not invalidate the royalty obligation.
• Marks v. Fields
  160 Fla. 789· Fla.· 1948-05-11 ·cited 30×
  The Florida Supreme Court addressed whether a plaintiff could switch from an action in deceit to an action for money had and received after the trial judge directed a verdict in the defendant's favor. The case involved alleged fraudulent misrepresentations about zoning law affect
• Sumter Cnty. State Bank v. Hays
  68 Fla. 473· Fla.· 1914-12-09 ·cited 30×
  Sumter County State Bank sued on a promissory note endorsed to it by the Florida Consolidated Canning Company. The Florida Supreme Court held that the bank was not a holder in due course because it had actual knowledge that the note's consideration was conditioned upon the organi
• Franklin Phosphate Co. v. Int'l Harvester Co. of Am.
  62 Fla. 185· Fla.· 1911-06-01 ·cited 30×
  Franklin Phosphate Company sued International Harvester Company on two promissory notes given as part payment for a machine. The defendant filed multiple pleas attempting to assert failure of consideration and set-offs, but the trial referee sustained demurrers to all pleas and e
• Kellogg v. Singer Mfg. Co.
  35 Fla. 99· Fla.· 1895-01-01 ·cited 30×
  The Florida Supreme Court reversed a mortgage foreclosure decree because the lower court awarded attorney fees without evidence of reasonableness, mistakenly included property not covered by the mortgage in the foreclosure order, and improperly found consideration for the note de
• Cheek v. McGOWAN Elec. Supply Co.
  404 So. 2d 834· Fla. 1st DCA· 1981-10-14 ·cited 28×
  Alan Cheek appeals a judgment entered by the trial court after withdrawing a case from a jury, arguing he had a constitutional right to a jury trial. The court holds that the trial judge improperly removed the case from the jury despite the presence of legal issues traditionally
• Zenith Labs., Inc. v. Carter-Wallace, Inc.
  530 F.2d 508· 3d Cir.· 1976-02-10 ·cited 27×
  A licensee or purchaser from a patentee cannot recover excess payments made for a patent subsequently declared invalid, nor can they recover based on fraud on the Patent Office.
• Robertson v. Robertson
  61 So. 2d 499· Fla.· 1952-10-14 ·cited 27×
  The Supreme Court of Florida reversed a lower court's dismissal of a complaint seeking to cancel mortgages. The court held that the property owner was not estopped from challenging the validity of mortgages placed on his property by his sister, who had forged his name to a deed t
• N. Drive-In Theatre Corp. v. Park-In Theatres, Inc.
  248 F.2d 232· 10th Cir.· 1957-08-22 ·cited 26×
  The court held that the license agreements governed the dispute over patent invalidity, and that the licensees' continued operation waived their right to rescind. It also addressed the allowance of interest, litigation expenses, and attorney fees.
• Harper v. Bronson
  104 Fla. 75· Fla.· 1932-01-23 ·cited 26×
  In this contract-for-deed dispute, the Florida Supreme Court reviewed the trial court's decision to sustain demurrers to the defendant's pleas in an action on three promissory notes given as evidence of unpaid purchase price for real estate. The court reversed, holding that sever
• THE Race, Inc. v. Lake & River Recreational Props., Inc.
  573 So. 2d 409· Fla. 1st DCA· 1991-01-23 ·cited 25×
  The Race, Inc. appeals a summary judgment entered in favor of Lake & River Recreational Properties, Inc. on a mortgage note default claim. The appellate court reversed, holding that the mortgagee failed to conclusively refute the mortgagor's affirmative defenses of failure of con
• 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
• Corporacion Peruana de Aeropuertos y Aviacion Comercial v. BOY
  180 So. 2d 503· Fla. 2d DCA· 1965-08-20 ·cited 25×
  Two consolidated appeals involving checks given by an aircraft owner to secure the release of his planes from seizure by Peruvian authorities. The court affirmed the trial court's finding of duress in the first case but reversed in the second case, holding that an intermediary's
• Luckenbach S.S. Co., Inc. v. United States
  312 F.2d 545· 2d Cir.· 1963-01-11 ·cited 25×
  The court held that the Suits in Admiralty Act's limitations period does not bar a declaratory judgment action seeking a declaration of non-liability, even if an affirmative claim for the same relief would be time-barred.
• Davis Clary v. Isom
  55 Fla. 384· Fla.· 1908-01-01 ·cited 25×
  The appellate court affirmed an order granting a new trial, holding that the trial judge did not abuse their discretion. The court clarified the standard of review for orders granting new trials, emphasizing that appellate courts should not interfere unless the evidence clearly p
• Borg-Warner Leasing v. Doyle Elec. Co., Inc.
  733 F.2d 833· 11th Cir.· 1984-06-04 ·cited 24×
  The court held that a genuine issue of material fact existed regarding whether the broker was an agent of Borg-Warner for the purpose of representations made about a personal guaranty, thus reversing summary judgment for the guarantor. However, the court affirmed summary judgment
• Steinberg v. BAY Terrace Apt. Hotel, Inc.
  375 So. 2d 1089· Fla. 3d DCA· 1979-11-06 ·cited 24×
  The Steinbergs purchased an apartment building represented as containing 23 rentable efficiency units but later discovered it could legally contain only 10 units under Miami Beach zoning regulations. The trial court denied their counterclaim for rescission and granted foreclosure
• A TO Z Rental, Inc. v. Wilson
  413 F.2d 899· 10th Cir.· 1969-07-24 ·cited 24×
  A franchisor's failure to secure the exclusive right to use a trade name, as promised in the franchise agreement, constitutes a material breach, entitling the franchisee to recover the franchise fee and royalties paid.
• McCranie v. Cason
  79 Fla. 857· Fla.· 1920-06-03 ·cited 24×
  Cason sued Summerlin & McCranie on two promissory notes. The defendants pleaded failure of consideration for the $2,000 note, asserting it was given solely to secure Cason's promise to discharge a mortgage on Georgia property by December 1, 1912, which Cason failed to do. The Flo
• Bank OF Am. Nat'l Tr. & Sav. Ass'n & Robert G. Litolff v. Hayden
  231 F.2d 595· 9th Cir.· 1956-03-16 ·cited 23×
  The court held that the jury's general verdict could be sustained on the theory of money had and received, even if the appellants' loan theory was not fully supported, because the jury was properly instructed on this alternative theory.
• Reason D. Prescott v. Johnson
  8 Fla. 391· Fla.· 1859-01-01 ·cited 23×
  Prescott sued Johnson on two promissory notes made by Johnson to James Anderson for a slave boy named Isaac. The court affirmed the jury's verdict for the defendant, holding that when a plea of failure of consideration is sworn to, the burden shifts to the plaintiff to prove the
• In re Edward M. Johnson & Assocs., Inc. v. Johnson
  845 F.2d 1395· 6th Cir.· 1988-05-04 ·cited 22×
  The court held that J&A was an intended third-party beneficiary of the stock sale contract, reversing the district court's decision on this point, but remanded issues regarding failure of consideration defenses. The court also reversed the district court's factual finding on unpa
• Aerojet-General Corp. v. Reubin O'Donovan Askew
  453 F.2d 819· 1st Cir.· 1971-12-09 ·cited 22×
• Lewis v. Mill Ridge Coals, Inc.
  298 F.2d 552· 6th Cir.· 1962-01-31 ·cited 22×
  The court held that alleged misconduct by trustees of a union welfare fund does not constitute a failure of consideration that excuses operators' contractual obligation to pay royalties, nor does it support counterclaims for royalties already paid.
• Strubbe v. Adolph Sonnenschein
  299 F.2d 185· 2d Cir.· 1962-01-26 ·cited 22×
  The court held that New Jersey law applied, making the forged assignments void as to the beneficiary, and affirmed the judgment for the beneficiary against the insurer. It reversed the finding of fraud against the loan company but modified the judgment to allow recovery for unaut
• Small v. Rose Shure by her Conservator City Nat'l Bank & Tr. Co. of Chicago
  94 So. 2d 371· Fla.· 1957-04-10 ·cited 22×
  In this appeal from a judgment on written obligations to pay money, the Florida Supreme Court addressed whether the trial court properly invoked the Dead Man's Statute to prevent the defendant debtor from explaining the circumstances of three promissory notes totaling $26,000. Th
• Mut. Fin. Co. v. Martin
  63 So. 2d 649· Fla.· 1953-03-10 ·cited 22×
  Mutual Finance Company sought to recover on a promissory note given as part of a conditional sale agreement for a deep freezer that was fraudulently misrepresented and wholly unfit for its intended purpose. The Florida Supreme Court held that because the finance company was so cl
• Oxley v. Oxley
  159 F.2d 10· D.C. Cir.· 1946-12-09 ·cited 22×
  The court held that the trial court erred in awarding custody of children domiciled in another state and in refusing to award sole ownership of jointly held property to the husband when the wife had abandoned him and contributed no funds to the property.
• Coastal Unilube, Inc. v. Smith
  598 So. 2d 200· Fla. 4th DCA· 1992-05-06 ·cited 21×
  Coastal Unilube challenges a trial court's dissolution of a temporary injunction enforcing a non-compete agreement against a former employee. The court reversed, holding that continued employment constitutes adequate consideration for a covenant not to compete in an at-will emplo
• Frederic P. Wiedersum Assocs. v. Nat'l Homes Constr. Corp.
  540 F.2d 62· 2d Cir.· 1976-08-12 ·cited 20×
  The court held that the trial court erred in excluding evidence regarding the timeliness and adequacy of the plans and in providing contradictory jury instructions.
• Chandler Leasing Div. v. Florida-Vanderbilt Dev. Corp.
  464 F.2d 267· 5th Cir.· 1972-07-18 ·cited 20×
  The court held that a 15% of cost provision in a lease default clause constituted an unenforceable penalty, but the remainder of the damage calculation provision was valid and enforceable.
• City OF Valparaiso v. Long
  141 So. 2d 334· Fla. 1st DCA· 1962-05-17 ·cited 20×
  The City of Valparaiso appealed a summary judgment dismissing its action against C. H. Long for a stopped check. The court reversed, holding that the defendant's forbearance by the city in not selling tax certificates constituted valuable consideration for the check, defeating th
• Hanley v. D. W. Bullard and his wife
  80 Fla. 578· Fla.· 1920-10-19 ·cited 20×
  The mortgagee may elect to treat the entire indebtedness as immediately due and payable upon default of any installment note, and the mortgage lien secures all three promissory notes despite the singular form "note" appearing in the mortgage document when the context clearly indi
• Sec. & Inv. Corp. of the Palm Beaches v. Droege
  529 So. 2d 799· Fla. 4th DCA· 1988-08-10 ·cited 19×
  Security and Investment Corporation appealed a judgment denying it foreclosure rights on a mortgage secured by an incomplete home construction project. The court affirmed, holding that the doctrine of election of remedies did not bar the Droeges from defending the foreclosure des
• Holm v. Woodworth
  271 So. 2d 167· Fla. 4th DCA· 1972-09-26 ·cited 19×
  The court held that the employer's doctors' testimony did not constitute substantial evidence to overcome the statutory presumption of coverage for a work-related death.
• Citizens Bank & Tr. Co. v. Grey
  130 So. 274· Fla.· 1930-10-21 ·cited 19×
  Citizens Bank & Trust Co. sought to foreclose a mortgage allegedly executed by the Greys in October 1925 and assigned to the bank as trustee. The trial court dismissed the bill after the Greys withdrew their demurrer, relying on their answer's denials and affirmative defenses reg
• Mickler v. Reddick
  38 Fla. 341· Fla.· 1896-06-01 ·cited 19×
  The Florida Supreme Court reversed a trial court's judgment, holding that the defendant's pleas to an action on a promissory note for the purchase price of land failed to state sufficient defenses because they did not adequately allege fraud, eviction, or a total failure of consi
• Cintas Corp. NO. 2 v. Schwalier
  901 So. 2d 307· Fla. 1st DCA· 2005-04-29 ·cited 18×
  Cintas Corporation sought to compel arbitration of an employee's wrongful termination claim under an arbitration clause in an employment contract. The court reversed the trial court's denial of the motion to compel, holding that the employment contract was valid and enforceable d
• Sunchase Apts. v. Sunbelt Serv. Corp.
  596 So. 2d 119· Fla. 1st DCA· 1992-03-16 ·cited 18×
  Sunchase Apartments sought review of a summary judgment in a mortgage foreclosure action where the trial court ruled in favor of Sunbelt Service Corporation on both the foreclosure claim and rejected Sunchase's counterclaim for fraud-based rescission and reformation. The appellat
• Sparks v. The Charles Wayne Grp.
  568 So. 2d 512· Fla. 5th DCA· 1990-10-19 ·cited 18×
  The Sparks sought certiorari review of a trial court order discharging their lis pendens filed against property they contracted to purchase from the Charles Wayne Group. The court reversed, holding that non-defaulting purchasers under executory real estate contracts have an equit
• Dick Dykes v. Trustbank Savings
  567 So. 2d 958· Fla. 2d DCA· 1990-09-19 ·cited 18×
  A trial court cannot proceed with a foreclosure action if it would prejudice a defendant's right to a jury trial on legal counterclaims that involve issues identical to those in the foreclosure.
• In re State v. Treasure Salvors, Inc.
  621 F.2d 1340· 5th Cir.· 1980-07-24 ·cited 18×
  The district court lacked jurisdiction because the Eleventh Amendment bars adjudication of a state's title to property, and the court also lacked in rem jurisdiction over property outside its territorial waters.
• Duncan Props., Inc. v. KEY Largo Ocean View, Inc.
  360 So. 2d 471· Fla. 3d DCA· 1978-07-11 ·cited 18×
  The court held that rescission is not available for a mere failure of consideration when an adequate remedy at law for damages exists, even if it involves a dependent covenant.
• Brown v. Home Credit Co., Inc.
  137 So. 2d 887· Fla. 2d DCA· 1962-02-09 ·cited 18×
  In this 1962 Florida appellate decision, the court upheld the trial court's finding that Home Credit Company's mortgage and promissory notes were permeated with usury, but reversed the trial court's penalty determination. The court held that Home Credit participated in a scheme w
• Towles v. Azar
  112 Fla. 405· Fla.· 1933-10-19 ·cited 18×
  This case clarifies the burden of proof in a promissory note lawsuit when the defendant pleads failure of consideration. The court held that the defendant must properly "impeach" the note under oath, not just file a standard sworn plea, to shift the burden of proof to the plainti
• Mayflower, Inc. v. Suskind
  112 So. 2d 394· Fla. 3d DCA· 1959-05-14 ·cited 17×
  Mayflower appeals a judgment on a promissory note where the trial court granted judgment on the pleadings, improperly dismissing Mayflower's affirmative defense of want of consideration. The appellate court reverses, holding that while a plaintiff need not prove consideration unl
• Dudley v. Wilson
  152 Fla. 752· Fla.· 1943-04-23 ·cited 17×
  Robert F. Dudley conveyed real property to his step-daughters in 1941 in exchange for lifetime support, then sued to cancel the deed in 1942 alleging breach of the support agreement. The Florida Supreme Court affirmed the trial court's dismissal, holding that the chancellor did n