Failure Of Consideration

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

• Nisa Vichaikul v. S.C.A.C. Enters., Inc.
  616 So. 2d 100· Fla. 2d DCA· 1993-03-19 ·cited 16×
• Ferry-Morse Seed Co. v. Hitchcock
  426 So. 2d 958· Fla.· 1983-01-27 ·cited 16×
  The Florida Supreme Court addressed whether a farmer who purchased defective seeds must comply with statutory notice requirements to sue for damages, and whether the farmer can raise failure of consideration as a defense when those requirements are not met. The Court held that no
• Allington Towers N., Inc. v. Rubin
  400 So. 2d 86· Fla. 4th DCA· 1981-06-03 ·cited 16×
  A seller appealed a judgment awarding specific performance of a condo purchase agreement to a buyer who had secured an addendum granting an absolute right to cancel before closing. The Fourth District Court of Appeal reversed, finding the contract lacked the required mutuality of
• Gulf v. Ill. Cent. R.R. Co.
  225 F.2d 816· 5th Cir.· 1955-08-18 ·cited 16×
  The dissenting judge believes the carrier's obligation to pay rent and taxes was extinguished upon compliance with the Interstate Commerce Commission's abandonment order.
• Peck v. Shell OIL Co., Inc.
  142 F.2d 141· 9th Cir.· 1944-04-15 ·cited 16×
  The court held that the license agreement was unenforceable due to failure of consideration and that no confidential disclosures were violated.
• The People's Nat'l Bank of Orlando v. Magruder
  77 Fla. 235· Fla.· 1919-03-14 ·cited 16×
  The People's National Bank of Orlando sued J.B. Magruder for payment of two promissory notes totaling $1,600. Magruder defended by claiming the notes were given for building improvements made at the bank's request in exchange for an oral promise to enter into a long-term lease, w
• Poore v. Starr Piano Co.
  68 Fla. 425· Fla.· 1914-12-01 ·cited 16×
  The Florida Supreme Court reversed a directed verdict, holding that a trial court should not direct a verdict if there is any evidence upon which a jury could lawfully find for the opposing party. The case involved a promissory note and a plea of partial failure of consideration.
• Roess Lumber Co. v. State Exch. Bank
  68 Fla. 324· Fla.· 1914-11-24 ·cited 16×
  The Florida Supreme Court affirmed a judgment for the State Exchange Bank on a promissory note against Roess Lumber Company, holding that the bank, as a holder in due course without notice of defects in the underlying transaction, was entitled to enforce the note despite the make
• Braxton v. Liddon
  55 Fla. 785· Fla.· 1908-01-01 ·cited 16×
  This case involves a foreclosure proceeding on a crop lien for fertilizers. The appellate court affirmed the lower court's decree, holding that the defendant's defense of failure of consideration was invalid because the fertilizer met its guaranteed analysis, and the defendant ha
• Judge v. Moore
  9 Fla. 269· Fla.· 1860-01-01 ·cited 16×
  Judge sued Moore on a promissory note for $300 given as consideration for hiring two enslaved men for one year. Moore's defenses based on alleged failure of consideration and rescission were rejected by the trial court, which rendered judgment for Judge. The Florida Supreme Court
• J.E. Stack & Whitney Nat'l Bank v. E.L. Dunn and John C. Nix
  444 So. 2d 935· Fla.· 1984-01-12 ·cited 15×
  The Florida Supreme Court addressed a dispute between competing mineral rights leases and clarified the requirements for achieving bona fide purchaser for value status, particularly regarding what constitutes "irrevocably bound" to pay consideration. The Court quashed the distric
• Treasure Salvors, Inc. v. Unidentified
  556 F. Supp. 1319· S.D. Fla.· 1983-01-18 ·cited 15×
  The court held that the arrest of salvaged property in rem provided the district court with jurisdiction over the salvage operation, and that Captain Jordan's actions constituted a breach of his contract with Treasure Salvors.
• Moore Handley, Inc. v. Major Realty Corp.
  340 So. 2d 1238· Fla. 4th DCA· 1976-12-17 ·cited 15×
  Moore Handley appeals an order denying its motion to dismiss a counterclaim filed by Major Realty in a mechanic's lien foreclosure action. The appellate court partially reversed, holding that the restitution count stated a valid cause of action but the fraud count failed to alleg
• The Curtis Publ'g Co. v. Bader
  266 So. 2d 78· Fla. 3d DCA· 1972-08-08 ·cited 15×
  Curtis Publishing Company and The Saturday Evening Post Company appealed orders denying their motion to dismiss a class action lawsuit brought by a subscriber claiming damages for partial failure of consideration due to publication termination. The Florida District Court of Appea
• Kline v. The Eugene Berninghaus Co.
  102 Fla. 362· Fla.· 1931-07-07 ·cited 15×
  The Eugene Berninghaus Company sued O. B. Kline to enforce three promissory notes totaling approximately $7,741. Kline filed six pleas asserting various defenses, all of which were demurred to and struck as legally insufficient. The Florida Supreme Court affirmed the judgment for
• Jones v. McCallum
  21 Fla. 392· Fla.· 1885-01-01 ·cited 15×
  The court considered whether a contract promising payment to a deceased individual's wife was enforceable when the individual performed no services before his death. The court held that the contract was void for lack of consideration because no services were rendered, and thus no
• Trs. OF the Colo. Statewide Iron Workers (Erector) Joint Apprenticeship & Training Tr. Fund v. A & P Steel, Inc.
  812 F.2d 1518· 10th Cir.· 1987-03-02 ·cited 14×
  The court held that federal courts have jurisdiction to determine the relevant bargaining unit in a Section 301 contract dispute, and that A & P Steel, Inc. was the relevant unit for assessing union majority status, making the collective bargaining agreements voidable prehire agr
• First Nat'l Bank OF Louisville v. Master Auto Serv. Corp.
  693 F.2d 308· 4th Cir.· 1982-11-02 ·cited 14×
  An assignee's rights are subject to the account debtor's defenses arising from the contract, and a contractual provision requiring prior written approval for warranty credits does not apply to warranty claims when read in conjunction with other provisions and industry practice.
• McCUNE v. F. Alioto Fish Co.
  597 F.2d 1244· 9th Cir.· 1979-05-30 ·cited 14×
  The court held that a settlement agreement mooted the plaintiff's claim against the shipowner, and that the plaintiff's claim against the manufacturer was barred by laches due to inexcusable delay and prejudice. The court also held that the shipowner's indemnity claim against the
• M & E Land Co. v. Siegel
  177 So. 2d 769· Fla. 1st DCA· 1965-08-10 ·cited 14×
  Siegel sought a declaratory judgment to clarify his right to enter defendants' property and retake possession of a leased movie screen tower after defendants defaulted on rental payments. The court reversed, holding that the complaint failed to allege a genuine doubt about the co
• Lowell O. W. Lumber Sales v. United States
  270 F.2d 12· 9th Cir.· 1959-08-14 ·cited 14×
  The court held that the trial court erred in dismissing the appellant's claim for credit against the government's counterclaim and that the promissory note was supported by adequate consideration despite the subsequent termination of the underlying contract.
• Sw. Packing Co., Inc. v. Cincinnati Butchers' Supply Co.
  139 F.2d 201· 5th Cir.· 1943-11-29 ·cited 14×
  A party affirming a contract procured by fraudulent misrepresentation may still seek damages in tort for the deceit, even if contractual defenses are excluded.
• Fifth Ave. Bank of N.Y. v. Hammond Realty Co.
  130 F.2d 993· 7th Cir.· 1942-10-30 ·cited 14×
  The court held that the plaintiff's acceptance of partial payment from one defendant did not preclude appeal, and that the breach of an independent covenant in a separation agreement did not revive a prior reciprocal will contract, allowing judgment against the guarantor.
• Cont'l Ill. Nat. Bank & Tr. Co. of Chicago v. Ehrhart
  127 F.2d 341· 6th Cir.· 1942-04-09 ·cited 14×
  The court held that the promissory note, when construed with collateral agreements and the parties' conduct, was not enforceable for the balance after the employee's discharge, as it was intended to be paid from future salary.
• Odlin v. Stuckey
  76 Fla. 42· Fla.· 1918-06-25 ·cited 14×
  Odlin gave a promissory note to the executors of Frank Simonton's estate in exchange for their promise to assume joint promissory notes on which Odlin was an accommodation maker and to release him from all liability. When the executors sued on the note without providing the promi
• Glass v. Virginia-Carolina Chem. Co.
  73 Fla. 873· Fla.· 1917-04-17 ·cited 14×
  Where there is substantial evidence tending to prove an issue of failure of consideration in an action on a promissory note, a directed verdict for the plaintiff is improper and the jury must decide the issue.
• Nelson v. Hall
  73 Fla. 810· Fla.· 1917-03-31 ·cited 14×
  Edwin Nelson sued R. E. Hall on three promissory notes for payment of an irrigating plant. The trial court directed a verdict for Hall despite evidence supporting Nelson's claim that the machinery was fully operational when the notes were executed months after installation, const
• Marks v. Elizabeth R. and Mary G. Baker
  20 Fla. 920· Fla.· 1884-06-01 ·cited 14×
  The court reviewed an appeal concerning the setting aside of a default judgment in a case where a complainant sought to annul a land deed due to partial failure of consideration. The appellate court affirmed the lower court's decision to set aside the default judgment, finding no
• McNealy v. Gregory
  13 Fla. 417· Fla.· 1869-01-01 ·cited 14×
  The Florida Supreme Court held that a state constitutional convention lacked authority to set aside a valid judgment rendered before the convention convened, as such action violated the U.S. Constitution's prohibition on laws impairing contract obligations and constituted either
• White v. Camp
  1 Fla. 94· Fla.· 1846-01-01 ·cited 14×
  An innocent endorsee of a negotiable promissory note taken before maturity need not prove consideration unless the defendant establishes suspicious circumstances; statutory provisions requiring proof of consideration apply only between immediate parties to the instrument, not bet
• Tillman v. Howell
  634 So. 2d 268· Fla. 4th DCA· 1994-03-30 ·cited 13×
  The Tillmans purchased a home from the Howells, gave a promissory note secured by mortgage to ensure satisfactory construction, and later sued for construction defects when problems arose. On cross-appeals from consolidated foreclosure and damages actions, the court affirmed the
• First Nat'l Ent. Corp. v. Brumlik
  531 So. 2d 403· Fla. 5th DCA· 1988-09-22 ·cited 13×
  Failure of consideration is a viable affirmative defense between original parties to a negotiable instrument, requiring proof that the maker received all of the promised consideration, not merely that some consideration was given. A payee's affidavit that only asserts that some c
• Desandolo v. F & C Tractor & Equip. Co.
  211 So. 2d 576· Fla. 4th DCA· 1968-06-18 ·cited 13×
  A Florida appellate court upheld a summary judgment for a equipment seller against a buyer's counterclaim alleging breach of implied warranty of fitness. The court held that an express disclaimer of all implied warranties in a written sales contract is valid and enforceable, reje
• Flagship Resort Dev. Corp. v. Interval Int'l, Inc.
  28 So. 3d 915· Fla. 3d DCA· 2010-01-27 ·cited 12×
  Flagship Resort Development Corporation appealed a summary judgment in favor of Interval International, Inc. regarding the enforceability of their Resort Affiliation Agreement (RAA). The court upheld the judgment, finding the RAA enforceable, that it automatically renewed, and th
• Pasquale Enzo Fasano v. Henry W. Hicks, P.A.
  667 So. 2d 1033· Fla. 2d DCA· 1996-02-16 ·cited 12×
  The court reversed summary judgment against Fasano because he raised valid affirmative defenses to a promissory note modification claim that required factual development.
• Miner v. Bay Bank & Tr. Co. (In Re Miner)
  185 B.R. 362· N.D. Fla.· 1995-06-30 ·cited 12×
  The court held that a dissolved corporation's property remains with the corporation under Florida law, and thus a debtor-in-possession cannot avoid its foreclosure sale as a fraudulent transfer under 11 U.S.C. § 548. The court also affirmed the dismissal of a claim related to a p
• M.E. Lassiter and Donna Marie Lassiter v. Resolution Tr. Corp.
  610 So. 2d 531· Fla. 5th DCA· 1992-12-04 ·cited 12×
  The Lassiters appealed a summary judgment foreclosing their mortgage held by the Resolution Trust Corporation, arguing their affirmative defenses of fraud, failure of consideration, and setoff were improperly barred. The court reversed, holding that the D'Oench doctrine and 12 U.
• In re Topco, Inc. v. Webb
  894 F.2d 727· 5th Cir.· 1990-02-20 ·cited 12×
  The court held that it has jurisdiction to hear the appeal because the Trustee's appeal was timely filed under Rule 4(a)(1), and that the contract between River Production and the Trustee included the Trustee's motion and its attached exhibits.
• Gold Kist, Inc. v. Laurinburg OIL Co., Inc.
  756 F.2d 14· 3d Cir.· 1985-03-04 ·cited 12×
  The court held that the default judgment was improperly entered because the time for defendants to respond had not expired and service of process was insufficient.
• Cold Well Banker & Co. v. Merlin Karlock
  686 F.2d 596· 7th Cir.· 1982-08-17 ·cited 12×
  A real estate brokerage commission agreement is governed by the law of the state with the most significant relationship to the transaction, and an unlicensed broker can recover if that state's law applies and does not violate forum public policy.
• Reliance Fin. Corp. & Romer v. Miller
  557 F.2d 674· 9th Cir.· 1977-07-18 ·cited 12×
  The court held that the seller did not violate federal securities laws or state fraud claims, and that the buyer was not entitled to rescission based on mutual mistake, failure of consideration, or breach of warranty.
• A. B. G. Inv., Inc. v. Selden
  336 So. 2d 444· Fla. 4th DCA· 1976-08-13 ·cited 12×
  The court held that summary judgment was improperly granted because genuine issues of material fact existed regarding whether the plaintiff was a holder in due course.
• J. RAY McDERMOTT & Co., Inc. v. The Vessel Morning Star
  431 F.2d 714· 5th Cir.· 1970-09-15 ·cited 12×
  The court held that the jury instruction stating unsuitability of the vessels did not necessarily mean the contract was breached was erroneous, requiring reversal and remand for a new trial. The court also vacated the foreclosure judgment pending the outcome of the new trial.
• Ernest v. Noblett
  400 F.2d 442· 10th Cir.· 1968-04-02 ·cited 12×
  The court held that the language in the lease agreement did not constitute a waiver of defenses under Mass. Gen. Laws ch. 106, § 9-206(1), and therefore summary judgment was inappropriate.
• Marquette v. Hathaway
  76 So. 2d 648· Fla.· 1954-12-21 ·cited 12×
  Elizabeth Hathaway sought to void two warranty deeds conveying property to her siblings and to recover stocks and bonds placed in trust, alleging fraud. The Florida Supreme Court reversed the trial court's cancellation of the deeds, finding no evidence of fraud or undue influence
• In re Gravure Paper & Bd. Corp.
  234 F.2d 928· 3d Cir.· 1953-07-05 ·cited 12×
  A bankruptcy trustee cannot validly sell a lease that was not assumed within 60 days of adjudication, and this issue can be raised on appeal even if not explicitly argued below.
• City of Erlanger v. Berkemeyer
  207 F.2d 832· 6th Cir.· 1953-05-11 ·cited 12×
  The court held that while the trial court erred in admitting a copy of an ordinance as evidence, the bonds were negotiable and enforceable in the hands of holders in due course, with a modification regarding the extent of the bank's holder status.
• Berryhill-Cromartie Co. v. Manitowoc Shipbuilding & Dry Dock Co.
  66 Fla. 170· Fla.· 1913-11-18 ·cited 12×
  A promissory note holder sued on notes allegedly lacking consideration. The defendant demurred and later pleaded failure of consideration, but the trial court directed a verdict for the holder. The Florida Supreme Court affirmed, holding that a holder is prima facie a holder in d
• Braxton v. Liddon
  49 Fla. 280· Fla.· 1905-01-01 ·cited 12×
  Braxton appeals a decree in favor of Liddon & Company on a fertilizer sales contract. The Florida Supreme Court reversed, holding that contractual language purporting to disclaim warranties and require buyer certification cannot estop defenses based on the state's fertilizer insp
• Jones v. Streeter
  8 Fla. 83· Fla.· 1858-01-01 ·cited 12×
  In this 1858 assumpsit action on a promissory note, the Florida Supreme Court affirmed judgment for the plaintiff (Streeter) against the defendant (Jones), holding that Jones's plea of failure of consideration was defectively pleaded because it failed to adequately allege that he