Failure Of Consideration

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

• Telum, Inc. v. E.F. Hutton Credit Corp.
  859 F.2d 835· 10th Cir.· 1988-10-14 ·cited 11×
  The court held that general allegations of fraud in the inducement do not invalidate a contractual jury waiver provision, and that the exclusion of evidence regarding a potential joint venture was an abuse of discretion.
• Willco Kuwait (Trading) S.A.K. v. Peter J. deSAVARY
  843 F.2d 618· 1st Cir.· 1988-04-07 ·cited 11×
  The court held that the district court did not err in denying Willco's motion for a new trial on its fraud claim, nor in its evidentiary rulings, but remanded for a reduction in damages awarded on the breach of contract counterclaim.
• Ray v. Ray
  44 So.2d 286· Fla.· 1950-02-03 ·cited 11×
  The Florida Supreme Court affirmed a lower court's decision upholding a deed from a husband to his wife, finding no abuse of discretion in the chancellor's resolution of conflicting testimony regarding the deed's consideration. The court also denied the wife's cross-appeal for al
• Commercial Nat. Bank in Shreveport v. Parsons
  145 F.2d 191· 5th Cir.· 1944-10-28 ·cited 11×
  The court held that interest charged on a note without principal debt was improper, tax savings from using pledged property belonged to the pledgor, and the case required further findings on compensation for administering certain assets.
• Springstead v. The Crawfordville State Bank
  63 Fla. 267· Fla.· 1912-01-01 ·cited 11×
  In this 1912 case, the Crawfordville State Bank sued multiple defendants on a promissory note for a stallion purchase. The Florida Supreme Court reversed and dismissed, holding that the trial court erred by allowing the plaintiff to dismiss the action against two of nine joint de
• Lovell v. Wall
  31 Fla. 73· Fla.· 1893-01-01 ·cited 11×
  Lovell accepted a deed to eighty acres of land as satisfaction of a mortgage, relying on representations that the grantor had perfected his homestead claim with the federal government. When the homestead claim was denied due to defects in the proof, Lovell sought to cancel the mo
• Mainer v. Canal Auth. OF the State of Fla.
  467 So. 2d 989· Fla.· 1985-04-18 ·cited 10×
  The Florida Supreme Court held that once a governmental entity acquires land in fee simple through condemnation, purchase, or donation in good faith for a public purpose, the former owner cannot recover the land merely because the intended public use is abandoned or never complet
• Smith v. Estelle
  562 F.2d 1006· 5th Cir.· 1977-11-11 ·cited 10×
  The court held that the plea agreement was supported by sufficient consideration, and the dismissal of the appeal was voluntary, thus affirming the denial of habeas corpus relief.
• Hartford Life Ins. Co. v. The Title Guar. Co.
  520 F.2d 1170· D.C. Cir.· 1975-10-14 ·cited 10×
  The court held that the statute of limitations did not bar Hartford's claims against Walker & Dunlop, and that the 'without recourse' endorsement did not preclude these claims. It also held that enforcing the title insurance policy against the Title Companies would not violate pu
• A. v. Goodpasture
  434 F.2d 760· 6th Cir.· 1970-11-27 ·cited 10×
  The court held that the federal government possesses eminent domain power, which Congress validly delegated to the TVA, and that the TVA Act is constitutional. Threats of condemnation do not constitute duress, and the complaint failed to state a cause of action for rescission or
• Nettie S. Crowe and Meletia S. Sneed v. Cherokee Wonderland, Inc.
  379 F.2d 51· 4th Cir.· 1967-06-02 ·cited 10×
  A consent judgment, even if judicially approved, is treated as a contract and is subject to contract defenses such as failure of consideration, and the defense of res judicata is waived if not affirmatively pleaded.
• Binz v. Helvetia Fla. Enters., Inc.
  156 So. 2d 703· Fla. 3d DCA· 1963-10-01 ·cited 10×
  Margaret Binz appealed a directed verdict entered in favor of her former employer, Helvetia Florida Enterprises, Inc., after a jury had rendered a verdict in her favor for unpaid salary. The court affirmed the directed verdict, holding that Binz's employment contract lacked consi
• Lorentz v. R. K. O. Radio Pictures, Inc.
  155 F.2d 84· 9th Cir.· 1946-04-22 ·cited 10×
  The court held that the contract's waiver provision released the employer from liability for claims related to production issues, and that the statements made by the corporation were not defamatory. The court also affirmed the denial of the plaintiff's request to amend his compla
• Lockwood v. Walker
  127 Fla. 20· Fla.· 1937-02-01 ·cited 10×
  In this partition suit, the Florida Supreme Court affirmed a decree ordering the sale of phosphate-bearing lands held as tenancy in common, rejecting the defendant's argument that the original 1913 contract barred partition. The court held that partition was the proper remedy and
• Marshall v. Bumby
  25 Fla. 619· Fla.· 1889-06-01 ·cited 10×
  In this assumpsit action, Marshall (appellee) sued Bumby (appellant) to recover $245 on a bill of exchange accepted by Bumby. The Florida Supreme Court affirmed judgment for Marshall, holding that the conditional acceptance became due when the contingency (completion of houses) o
• Branch v. Wilson
  12 Fla. 543· Fla.· 1868-01-01 ·cited 10×
  Franklin Branch and Edward A. Clark appealed a judgment against them on a promissory note for the sale of enslaved persons. The Florida Supreme Court reversed, finding that the jury disregarded testimony showing the seller agreed to deliver the enslaved persons at a future date a
• Indus. Credit Co. v. Mike Bradford & Co., Inc.
  177 So. 2d 878· Fla. 3d DCA· 1965-07-27 ·cited 9×
  A finance company that actively participates in a transaction from its inception, counseling and aiding the vendor, cannot be considered a holder in due course and is subject to defenses like failure of consideration.
• Gardner Lumber Co. v. Bank of Commerce
  73 Fla. 246· Fla.· 1917-02-02 ·cited 9×
  The Florida Supreme Court reversed a directed verdict for a bank in a suit on promissory notes, finding that the defendant lumber company presented sufficient evidence of failure of consideration to warrant a jury trial.
• Levenger Co. v. Feldman
  516 F. Supp. 2d 1272· S.D. Fla.· 2007-09-21 ·cited 8×
  Levenger Company sought declarations of patent invalidity and unenforceability against patents held by Jack and Shirley Feldman relating to disk-bound notebooks, and claimed trade dress infringement and misappropriation of trade secrets. The Feldmans counterclaimed for patent inf
• Nunn v. Chem. Waste Mgmt., Inc.
  856 F.2d 1464· 10th Cir.· 1988-09-02 ·cited 8×
  The court held that the trial court did not err in finding a breach of warranty regarding site contamination and compliance with laws, but erred in awarding lost profits to a non-party corporation and in discharging the defendants from their contractual obligations.
• Farmers & Merchs. State Bank v. W. Bank
  841 F.2d 1433· 9th Cir.· 1987-08-19 ·cited 8×
  A bank's final payment of an item under UCC § 4-213(1) does not preclude it from asserting defenses under UCC § 3-418, and UCC § 4-303(1) does not prevent a bank from asserting its own defenses against its cashier's check.
• Fed. Deposit Ins. Corp. v. AIR Fla. Sys., Inc.
  822 F.2d 833· 9th Cir.· 1987-07-17 ·cited 8×
  The court held that Air Florida breached its contract by failing to make a bona fide tender offer, and that the arbitrator's decision to proceed without an oral hearing was not grounds to vacate the award.
• Pub. Loan Co., Inc. v. Fed. Deposit Ins. Corp.
  803 F.2d 82· 3d Cir.· 1986-10-07 ·cited 8×
  The court held that the Federal Deposit Insurance Act's § 1823(e) bars oral accord and satisfaction defenses against the FDIC, and that the appellants failed to raise a material fact issue regarding consideration for the promissory notes.
• Helga Skin Therapy, Inc. v. Dead River Props., Inc.
  478 So. 2d 95· Fla. 2d DCA· 1985-11-01 ·cited 8×
  Helga Skin Therapy appealed a summary judgment evicting it from leased commercial space for nonpayment of rent. The court affirmed the eviction, holding that Helga failed to pay rent within the contractual 15-day grace period and that Dead River was entitled to possession regardl
• Freitag v. Lakes OF Carriage Hills, Inc.
  467 So. 2d 708· Fla. 4th DCA· 1985-03-06 ·cited 8×
  A seller of a condominium unit obtained a judgment for $11,000 on a promissory note when the buyer failed to make required payments. The court reversed because the purchase agreement expressly limited the seller's liquidated damages to deposits actually received ($1,000), and the
• The Canal Auth. OF the State of Fla. v. Joyce G. Mainer (formerly Joyce Elaine Gay)
  440 So. 2d 1304· Fla. 5th DCA· 1983-10-13 ·cited 8×
  The Canal Authority of Florida appealed from judgments ordering it to return lands and repay purchase prices in condemnation cases after the Cross Florida Barge Canal project was abandoned. The court reversed, holding that the Canal Authority could retain fee simple interests acq
• LEA v. Suhl
  417 So. 2d 1179· Fla. 2d DCA· 1982-08-18 ·cited 8×
  Lea appealed from a judgment denying recovery on a promissory note and awarding damages to the defendants on a counterclaim for defective silage. The District Court reversed, finding that forebearance to sue and payment of an antecedent obligation constituted sufficient considera
• Misal Constr. Co., Inc. v. Rusco Indus., Inc.
  403 So. 2d 607· Fla. 4th DCA· 1981-09-16 ·cited 8×
  Misal Construction appeals a summary judgment entered in favor of Rusco Industries on breach of contract and account stated claims. The court reversed, finding that answers to interrogatories created genuine issues of material fact precluding summary judgment despite Rusco's supp
• SUN Bank OF ST. Lucie Cnty. v. Oliver
  403 So. 2d 583· Fla. 4th DCA· 1981-09-09 ·cited 8×
  Sun Bank, as personal representative of Vincent Vecchio's estate, appealed an adverse judgment in a promissory note action against Gordon Oliver. The Fourth District reversed because the trial court committed reversible error by allowing testimony that violated the best evidence
• Gold Coast Raceway, Inc. v. Ehrenfeld
  392 So. 2d 1002· Fla. 4th DCA· 1981-01-21 ·cited 8×
  Gold Coast Raceway petitioned for certiorari review of a protective order that shielded discovery regarding whether a rental payment was timely tendered to the lessor's attorney. The Fourth District Court of Appeal held that the attorney-client privilege does not apply when an at
• Ford Motor Credit Co. v. Milburn
  615 F.2d 892· 10th Cir.· 1980-02-08 ·cited 8×
  The court held that the trial court erred in denying judgment notwithstanding the verdict against Jane Milburn because her attorney-client relationship with the closing attorney precluded a fraud in the inducement defense. The court also held that the jury could not find for the
• Perrin v. SAM Kaye, Inc.
  345 So. 2d 765· Fla. 4th DCA· 1977-04-07 ·cited 8×
  Summary judgment was improper where the sellers denied the broker's allegation that it performed its obligations under the exclusive listing agreement, presenting a factual question of failure of consideration that must be resolved by the trier of fact.
• Leslie Enters., Inc. v. Metro. Dade Cnty.
  293 So. 2d 73· Fla. 3d DCA· 1974-04-09 ·cited 8×
  Leslie Enterprises donated property to Dade County with a reverter clause requiring the county to develop it as a public park or recreational facility or return it. The county had not developed the property after six years, and Leslie Enterprises sought reversion. The appellate c
• Rudd Paint & Varnish Co. v. White
  403 F.2d 289· 10th Cir.· 1968-12-02 ·cited 8×
  The court held that a substantial breach of contract, evidenced by a high percentage of defective and leaking product containers, justified rescission of the distributorship agreement and recovery of payments made.
• Sterling v. Blackwelder
  383 F.2d 282· 4th Cir.· 1967-09-15 ·cited 8×
  The court held that the wife held only naked legal title as a constructive trustee and was not entitled to substantial trustee fees, but an accounting was necessary. The court affirmed the denial of rescission but remanded for the district court to consider trustee substitution o
• Blow v. Ammerman
  350 F.2d 729· D.C. Cir.· 1965-07-13 ·cited 8×
  The court held that the trial court erred in granting summary judgment for Ammerman on the second note, as there was a genuine issue of material fact regarding his good faith. The court affirmed the summary judgment for Wheeler on the first note.
• United States v. Schaeffer
  319 F.2d 907· 9th Cir.· 1963-07-17 ·cited 8×
  The court held that the failure of all landowners to sign repayment contracts was not a condition precedent to the validity of contracts with appellees, and thus the United States had an enforceable lien.
• Farris v. Sturner
  264 F.2d 537· 10th Cir.· 1959-02-12 ·cited 8×
  The court held that the trial court's finding that the plaintiff did not acquire a personal interest in the note until after it was in default was unsupported by the record, and that a self-serving letter from the defendant to a third party was improperly admitted into evidence.
• Fernaleen W. Carr v. Denver C. Wisecup
  263 F.2d 157· 3d Cir.· 1959-01-19 ·cited 8×
  The court held that the trial court erred in restricting cross-examination regarding the plaintiff's alleged prior undissolved marriage, which could invalidate the separation agreement.
• Johnson v. Dichiara
  84 So. 2d 537· Fla.· 1955-11-16 ·cited 8×
  Johnson contracted to build and install an ice plant for defendants, securing the contract with a mortgage note. The plant failed to produce the promised six tons of marketable ice daily, producing only about three tons. The Florida Supreme Court reversed the lower court's dismis
• Pepper v. Truitt
  158 F.2d 246· 10th Cir.· 1946-11-13 ·cited 8×
  The court held that an equitable right to cancel a deed obtained by undue influence or failure of consideration survives to the grantor's heirs, and that the analogous statute of limitations for such an action is five years.
• Cole Motor Car Co. v. O'Kelly
  101 Fla. 198· Fla.· 1931-04-15 ·cited 8×
  Cole Motor Car Company sought to enforce promissory notes against D. B. O'Kelly, who defended on grounds of failure of consideration, alleging the automobile purchased was misrepresented as new when it was actually used. The Florida Supreme Court affirmed the jury verdict for the
• Wilson v. Maddox
  97 Fla. 489· Fla.· 1929-04-06 ·cited 8×
  This case involves a promissory note given for medical services. The court affirmed a jury verdict for the defendant, finding that the plaintiff physician failed to prove a valid consideration for the note because the promised cure was not achieved.
• Barcus v. Wood
  92 Fla. 763· Fla.· 1926-10-20 ·cited 8×
  In this contract dispute, the Florida Supreme Court reversed a judgment on promissory note, holding that the defendant's pleas alleging failure of consideration were sufficiently pleaded and should not have been dismissed by demurrer. The court clarified that a sealed note does n
• Davis v. Leighton
  80 Fla. 594· Fla.· 1920-10-22 ·cited 8×
  Davis, as an endorser of a promissory note, challenged judgment against him on the grounds of failure of consideration. The Florida Supreme Court reversed, holding that the plaintiff failed to meet his burden of proving the consideration for the note where he merely testified the
• Hiller v. Walter Ray & Co.
  59 Fla. 285· Fla.· 1910-01-01 ·cited 8×
  This case involves a phosphate mining lease dispute where the lessors (Walter Ray & Company) sought to recover minimum annual royalties from the assignee of the original lessees. The Florida Supreme Court reversed the lower court judgment, holding that the lessees had an implied
• Otis v. McCaskill
  51 Fla. 516· Fla.· 1906-01-01 ·cited 8×
  S. Otis and Frances E. Otis appealed a decree enforcing a mortgage lien held by J. J. McCaskill & Company for a shingle mill purchase. The Florida Supreme Court reversed, holding that the defendants adequately pleaded and proved partial failure of consideration—that the mill deli
• Mayo v. Hughes
  51 Fla. 495· Fla.· 1906-01-01 ·cited 8×
  This case involves a mortgage foreclosure where the defendants claimed a failure of consideration. The court found that the defendants' answer did not sufficiently allege a failure of consideration and that the evidence supported the foreclosure decree.
• Hancock v. Tucker
  8 Fla. 435· Fla.· 1859-01-01 ·cited 8×
  Hancock purchased a slave named Gadsden from Tucker for promissory notes totaling $1,000, but claimed Tucker fraudulently misrepresented the slave as healthy when he actually suffered from dropsy. The Florida Supreme Court affirmed the jury verdict for Tucker, holding that when p
• Lines v. Smith
  4 Fla. 47· Fla.· 1851-01-01 ·cited 8×
  This case addresses whether a maker of a promissory note can defend against payment by asserting a failure of consideration when the note was given for a slave with defective title, and whether an existing debt of a third party constitutes valid consideration for a promise to pay