Failure Of Consideration

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

• Lisbon Holding & Inv. Co., Ltd. v. Vill. Apts., Inc.
  237 So. 2d 197· Fla. 3d DCA· 1970-06-16 ·cited 7×
  Suing on a promissory note secured by a mortgage does not discharge an endorser, and a defense of partial failure of consideration requires an allegation of fraud regarding property condition.
• Mabry Corp. v. Dobry
  141 So. 2d 335· Fla. 2d DCA· 1962-05-04 ·cited 7×
  Mabry Corporation and the Magurnos appealed a chancellor's decree dissolving a corporation and dividing its land assets equally among all parties. The appellate court reversed, holding that the Dobrys retained ownership of the land because the Magurnos breached their dependent co
• Taylor v. Baker
  1 Fla. 245· Fla.· 1847-01-01 ·cited 7×
  This case concerns a dispute over an agreement where Taylor promised to pay Baker $300 for his share of land, contingent on Baker complying with settlement requirements. The court affirmed the lower court's decision, finding that Baker's relinquishment of his expected government
• Fed. Deposit Ins. Corp. v. Bernstein
  944 F.2d 101· 2d Cir.· 1991-09-11 ·cited 6×
  The court held that the FDIC, as receiver, was entitled to summary judgment on the loan and guaranty, as the defendants' defenses were barred by federal common law and statute, and the district court did not abuse its discretion in certifying the partial summary judgment.
• Fla. Trading & Inv. Co., Inc. v. River Constr. Servs., Inc.
  537 So. 2d 600· Fla. 2d DCA· 1988-11-16 ·cited 6×
  The court held that the parties entered into a valid joint venture and that the modification agreement was supported by consideration, reversing the trial court's findings of no joint venture, failure of consideration, and usury.
• Equico Lessors, Inc. v. A. Moneim Ramadan, M.D.
  493 So. 2d 516· Fla. 1st DCA· 1986-08-27 ·cited 6×
  Equico Lessors appealed a judgment for Ramadan in a lease enforcement action, arguing that a waiver of defenses clause should have barred Ramadan's breach of warranty claims. The court reversed, holding that while Equico had some connection to the transaction, the evidence was in
• Scott v. NCNB Nat'l Bank OF Fla.
  489 So. 2d 221· Fla. 2d DCA· 1986-06-04 ·cited 6×
  The court held that the insufficiency of the motion for summary judgment was harmless error because the opposing party responded on the merits and failed to object to the supporting affidavit.
• LA Rosa del Monte Express, Inc. v. G.S.W. Enters. Corp.
  483 So. 2d 472· Fla. 3d DCA· 1986-02-11 ·cited 6×
  La Rosa Del Monte leased commercial property from G.S.W. to operate a moving and storage business, but was forced to vacate when the City of Miami found the use violated zoning ordinances. G.S.W. sued for breach and retained the security deposit. The appellate court reversed the
• Malt v. Deese
  399 So. 2d 41· Fla. 4th DCA· 1981-05-20 ·cited 6×
  The Malts (lessors/sellers) appealed a judgment granting specific performance and attorney's fees to the Deeses (lessees/buyers) for a property sale contingent on royalty payments from a patent licensing agreement. The court affirmed, finding the Malts ratified the agreement by a
• Ferry-Morse Seed Co. v. Hitchcock
  644 F.2d 515· 5th Cir.· 1981-05-08 ·cited 6×
  The court did not issue a holding but certified a question of Florida law to the Florida Supreme Court regarding a farmer's ability to sue or use lack of consideration as a defense when a timely complaint regarding defective seed is not filed.
• The Canal Auth. of the State of Fla. v. Ocala Mfg. Co. (Non Inc.)
  365 So. 2d 1060· Fla. 1st DCA· 1979-01-03 ·cited 6×
  The Canal Authority of Florida appealed a trial court judgment ordering rescission of a 1968 land conveyance to Ocala Manufacturing Company based on constructive fraud and failure of consideration. The court affirmed the rescission order, which required the company to repay the p
• Chaykin v. Kant
  327 So. 2d 793· Fla. 3d DCA· 1976-02-03 ·cited 6×
  Chaykin sought to foreclose a $50,000 mortgage on the Kant family home. The trial court found that the mortgage was part of a scheme to defeat a potential IRS tax lien, involved a circular cash transaction with no real consideration, and dismissed the foreclosure suit based on th
• Vernon v. Yanks
  303 So. 2d 375· Fla. 3d DCA· 1974-11-19 ·cited 6×
  Harold Vernon executed two promissory notes in the name of Trans Plains General Insurance Agency. G. D. Yanks obtained the notes, had them discounted at a bank, and sued Vernon as the alleged maker after the notes were dishonored. The trial court found Yanks was a holder in due c
• Sanitary Linen Serv. Co. v. Alexander Proudfoot Co.
  435 F.2d 292· 5th Cir.· 1970-11-19 ·cited 6×
• The Pillager Bands of Chippewa Indians in the State of Minn. v. The United States
  428 F.2d 1274· Ct. Cl.· 1970-07-15 ·cited 6×
  The court held that the valuation date for the taking of Indian land is the date the United States exerted dominion, not a later date when an executive order addressed liquor sales. The court affirmed the Commission's determination that the effective date of the treaty cession, A
• Pinellas Cent. Bank & Tr. Co. v. Int'l Aerodyne, Inc.
  233 So. 2d 872· Fla. 3d DCA· 1970-04-07 ·cited 6×
  Pinellas Central Bank sold a DC-7 aircraft to International Aerodyne on September 1, 1965, with Aerodyne executing a promissory note for $95,040. Aerodyne later sought to rescind the sale claiming failure of consideration due to missing equipment, unavailable records, and a baile
• Hancock v. Wilford J. Piper and Alida Piper
  219 So. 2d 746· Fla. 2d DCA· 1969-03-07 ·cited 6×
  The Pipers conveyed a 100-foot right-of-way to Collier County in 1955 based on the County's promise to construct an 80-foot drainage canal. When the County constructed only an uneven ditch and later refused to build the promised canal, the Pipers sued. The trial court ordered the
• Scherr v. Difco Labs., Inc.
  401 F.2d 443· 6th Cir.· 1968-10-03 ·cited 6×
  The court held that the district court erred in failing to make specific findings regarding the consideration for royalty payments under the patent license agreement, which is necessary to determine if patent invalidity constitutes an eviction.
• Tropicana Pools, Inc. v. The First Nat'l Bank OF Titusville
  206 So. 2d 48· Fla. 4th DCA· 1968-01-22 ·cited 6×
  This case concerns whether a bank can refuse to honor a cashier's check it issued due to a lack of consideration when the payee is not a holder in due course. The court held that the bank could refuse payment because the payee, not having given value for the check, was not a hold
• Stroud v. B-W Acceptance Corp.
  372 F.2d 185· 10th Cir.· 1967-01-25 ·cited 6×
  The court held that the appellants were liable under their personal guarantees for the balance due on promissory notes, and that the trial court did not err in awarding attorney's fees or admitting rebuttal testimony.
• Seaboard Sur. Co. v. Harbison
  304 F.2d 247· 7th Cir.· 1962-06-06 ·cited 6×
  The court held that the trial court erred in striking the affirmative defense of failure of consideration, but did not err in striking the defenses of illegality and release.
• The Murmanill Corp. v. Simkins
  251 F.2d 33· 5th Cir.· 1958-01-07 ·cited 6×
  The court held that genuine issues of material fact existed regarding consideration and plaintiff's alleged misconduct, precluding summary judgment.
• Diesel Heat & Power, Inc. v. Dixon Marine Indus. Power Transmission, Inc.
  232 F.2d 217· 5th Cir.· 1956-04-18 ·cited 6×
  The court held that the parol evidence rule does not exclude oral testimony to show a failure of consideration for a written release when the agreed-upon consideration was not received.
• Nat'l Foam Sys., Inc. v. Urquhart
  202 F.2d 659· 3d Cir.· 1953-03-13 ·cited 6×
  The court held that the licensing plan unlawfully enlarged the patent monopoly, rendering the contract invalid.
• Stoner v. Bellows
  196 F.2d 918· 3d Cir.· 1952-05-21 ·cited 6×
  The court held that the injunction against plaintiffs' wholesale business was improper, but affirmed the trial court's other rulings in the contract action and the dismissal of the tort action.
• Rode & Brand v. Kamm Games, Inc.
  181 F.2d 584· 2d Cir.· 1950-04-21 ·cited 6×
  The court held that the defendants breached the contract by refusing to accept and pay for the goods, as the goods complied with the contract's intended specifications and the defendants failed to timely assert any noncompliance.
• Mulhern v. Albin
  163 F.2d 41· 8th Cir.· 1947-07-07 ·cited 6×
  The court held that an equitable lien established by a state court decree, even if rendered within four months of bankruptcy, is valid and must be recognized in bankruptcy proceedings if it predates the four-month period.
• Patterson-Ballagh Corp. v. Byron Jackson Co.
  145 F.2d 786· 9th Cir.· 1944-11-21 ·cited 6×
  The court held that the complex series of agreements constituted a single transaction, and the consideration for the entire deal, including the patent license, was sufficient and did not fail, even after one patent was found invalid.
• Beck v. Hamilton
  128 Fla. 332· Fla.· 1937-05-27 ·cited 6×
  Appellants sought to foreclose a mortgage, but appellees counterclaimed seeking cancellation of the mortgage assignment and a support-and-maintenance agreement, alleging the Becks breached their obligation to care for the elderly appellees. The Florida Supreme Court affirmed the
• Davis v. The Am. Agric. Chem. Co.
  87 Fla. 525· Fla.· 1924-05-29 ·cited 6×
  This case involves a lawsuit on promissory notes for fertilizer. The defendant argued a failure of consideration due to the fertilizer not meeting guaranteed constituent elements and ammonia sources. The court affirmed the lower court's decision, finding the defendant's pleas ins
• Tedder v. Green
  79 Fla. 584· Fla.· 1920-04-24 ·cited 6×
  The Florida Supreme Court reversed a lower court's judgment on demurrer in a promissory note case, finding that the defendant's pleas alleging failure of consideration and the plaintiffs' election to retake the timber constituted a valid defense.
• Stokes v. Humphries
  69 Fla. 468· Fla.· 1915-04-20 ·cited 6×
  This case involves a replevin action where the plaintiff sought to recover two mules based on a retain title note. The appellate court reversed the lower court's judgment due to errors in the verdict and judgment regarding the valuation of the property.
• Smith v. LeVesque
  25 Fla. 464· Fla.· 1889-06-01 ·cited 6×
  A Florida Supreme Court case involving breach of contract and failure of consideration. Appellant purchased an undivided interest in land with citrus groves and plants from respondent LeVesque, paying partially with a promissory note. The court reversed a jury verdict for the res
• Schaeffer v. Gilmer
  353 So. 2d 847· Fla. 1st DCA· 1977-08-04 ·cited 5×
  In this interlocutory appeal from a construction loan dispute, the court reversed the trial court's striking of affirmative defenses and counterclaims asserted by individual guarantors of a failed condominium development project. The court held that a guaranty agreement that spec
• Platt v. B. W. Deese and his wife
  298 So. 2d 573· Fla. 1st DCA· 1974-08-20 ·cited 5×
  The Platts purchased 20 acres of Florida land at $600 per acre but received only 11.07 acres, creating a 45% deficiency. The trial court found mutual mistake and denied relief, but the appellate court reversed, holding the sales were by the acre and awarding the Platts damages eq
• United States v. Hansett
  120 F.2d 121· 2d Cir.· 1941-06-04 ·cited 5×
  A holder in due course of a negotiable instrument is not charged with the seller's default on the underlying contract, even if the holder knew the note was for a purchase.
• RNR Invs. Ltd. P'ship v. Peoples First Cmty. Bank
  812 So. 2d 561· Fla. 1st DCA· 2002-03-28 ·cited 4×
  RNR Investments, a limited partnership, appealed a summary judgment of foreclosure granted to Peoples First Community Bank. RNR claimed the Bank was negligent in lending $960,000 when the general partner's authority was restricted to $650,000 under the partnership agreement. The
• Hinton v. Brooks
  820 So. 2d 325· Fla. 5th DCA· 2001-11-16 ·cited 4×
  Fraud in the inducement is not barred by the economic loss rule and constitutes a valid affirmative defense in a mortgage foreclosure action.
• Torbron v. Campen
  579 So. 2d 165· Fla. 5th DCA· 1991-04-11 ·cited 4×
  In this real estate auction dispute, the court reversed a foreclosure judgment against Torbron despite a jury finding of breach of contract by Campen, holding that Campen's failures—particularly non-disclosure of county drainage concerns and failure to obtain mortgage release pro
• Smith v. Barrett
  564 So. 2d 582· Fla. 4th DCA· 1990-07-25 ·cited 4×
  The trial court erred in denying appellants' motion for leave to amend their answer to assert affirmative defenses.
• McCLURE v. Montgomery
  556 So. 2d 759· Fla. 1st DCA· 1990-01-12 ·cited 4×
  The McClures appealed from summary judgments granted against their multi-count complaint arising from a dispute over Palm Valley property. The court affirmed summary judgment on counts alleging breach of fiduciary duty, constructive and resulting trusts, unjust enrichment, and ci
• Vacca v. Viacom Broad. OF Mo., Inc.
  875 F.2d 1337· 8th Cir.· 1989-05-26 ·cited 4×
  The court held that the arbitrator's finding of insubordination was binding on the contract claim via collateral estoppel, and alternatively, that the contract claim was preempted by Section 301 of the LMRA.
• Rocking Chair Motel, Inc. v. Fed. Deposit Ins. Corp.
  529 So. 2d 1277· Fla. 5th DCA· 1988-08-25 ·cited 4×
• Coughlin v. Trans World Airlines, Inc.
  847 F.2d 1432· 9th Cir.· 1988-06-07 ·cited 4×
  A material breach of an air carrier's tariff agreement by the carrier renders its liability limitation unenforceable.
• Hotel Riviera, Inc. v. First Nat'l Bank & Tr. Co. OF Okla. City
  768 F.2d 1201· 10th Cir.· 1985-07-29 ·cited 4×
  A bank cannot assert the personal defense of failure of consideration against an endorsee of a cashier's check who had no knowledge of the fraud that led to the check's issuance.
• Deco Purchasing & Distrib. Co., Inc. v. Panzirer
  450 So. 2d 1274· Fla. 5th DCA· 1984-06-14 ·cited 4×
  Deco Purchasing sued for restitution of an advance on consulting fees paid to Jay Panzirer, who died before rendering any services. The trial court ruled in favor of Panzirer's widow Mary, but the appellate court reversed, holding that Deco was entitled to restitution because the
• Equilease Corp. v. Williams Steel Indus., Inc.
  452 So. 2d 40· Fla. 5th DCA· 1984-05-10 ·cited 4×
  Equilease appealed a judgment denying recovery on a lease and personal guaranty executed by Williams Steel Industries and its president S.W. Williams. The lower court found a failure of consideration defense because the leased lathe was never delivered to the lessee but instead s
• Shackelton v. J. Kaufman Iron Works, Inc.
  689 F.2d 334· 2d Cir.· 1982-09-14 ·cited 4×
  The court held that the patent for the burglar-proof window grill was valid because its combination of elements served new functions and was not obvious, reversing the district court's finding of invalidity.
• In re Corrugated Container Antitrust Litig. Atlas Container Co., Inc. v. Alton BOX Bd. Co.
  659 F.2d 1337· 5th Cir.· 1981-10-29 ·cited 4×
  The court held that the district court did not abuse its discretion in approving the settlements, as objections raised by settling defendants and dissident plaintiffs were without merit.
• United Cntys. Tr. Co. v. MAC LUM
  643 F.2d 1140· 5th Cir.· 1981-05-01 ·cited 4×
  The dissenting judge believes the trial court erred in granting summary judgment for Ollie's, arguing Georgia law should apply and enforce the waiver of defenses.