Failure Of Consideration

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

• Schordene v. la Duca
  226 So. 2d 429· Fla. 2d DCA· 1969-09-24
  Mary Ellen Schordene appeals from a final judgment dismissing her suit to set aside a 1958 deed transferring three Pinellas County lots to her daughter Veronica and son-in-law Nicholas La Duca. The court affirmed the judgment, finding no undue influence or failure of consideratio
• Monroe Landholding Corp. v. Maier
  223 So. 2d 377· Fla. 2d DCA· 1969-06-06
  A buyer who ratifies a contract by seeking an extension after learning of potential eminent domain cannot later disavow the agreement and recover earnest money.
• The Amberley Co. v. The Brown Co.
  408 F.2d 1358· 6th Cir.· 1969-04-17
  The court held that because Amberley did not disclose its trade secret to KVP, the consideration for the disclosure agreement failed, and KVP had no obligation to maintain confidentiality or refrain from using the process.
• Mohr v. The Pa. R.R. Co.
  409 F.2d 73· 3d Cir.· 1969-04-07
  The court held that the trial court erred in requiring a tender of settlement funds as a prerequisite to rescission, and that the case requires further factual development.
• Contractors Constr. Corp. v. Michael Dev. Corp.
  213 So. 2d 430· Fla. 4th DCA· 1968-07-31
  A subordination agreement is supported by sufficient consideration where the mortgagee forbears from foreclosing a junior lien in exchange for the junior mortgagee's agreement to subordinate, even if the junior mortgagee was placed on notice of potential foreclosure before signin
• Belair Assocs., Inc. v. Glaros-Carpenter Drug Co., Inc.
  212 So. 2d 903· Fla. 2d DCA· 1968-07-26
  Belair Associates appealed the abatement of its action to collect on three trade acceptances purchased from Life-Aid Corporation, which had not qualified to do business in Florida. The court reversed, holding that Florida Statute § 613.04's foreign corporation qualification requi
• Bradshaw v. Island Creek Coal Co.
  396 F.2d 501· 4th Cir.· 1968-06-17
  The court held that the federal court lacked jurisdiction to entertain an equity action to set aside a state court judgment approving a settlement, even if the settlement was allegedly based on a failure of consideration.
• Billingsley v. MacKay
  382 F.2d 290· 5th Cir.· 1967-07-05
  The court held that the plaintiff was a holder in due course, and thus the defense of failure of consideration was invalid against him.
• Beneficial Fin. Co. v. Dyer
  29 Fla. Supp. 99· Dade Cty. Cir. Ct.· 1966-10-28
  The court held that the trial court did not err in affirming the judgment, as the defendants' counterclaim failed to state a cause of action and the motion to transfer was not properly presented.
• Liberty Air, Inc. v. Aerovias SUD Americana, Inc.
  27 Fla. Supp. 129· Dade Cty. Cir. Ct.· 1966-10-25
  Liberty Air and Rexair sued Jack Aldridge, principal stockholder of Aerovías Sud Americana, to enforce a personal guarantee he signed on January 25, 1965, for aircraft lease payments owed by the corporate defendant. The court found the guarantee valid and enforceable, holding Ald
• Samuel ST. Clair et ux. v. Eunice C. Cole et vir
  191 So. 2d 290· Fla. 2d DCA· 1966-10-19
  The court held that the trial court's factual findings regarding the defendants' knowledge of an easement were supported by the evidence and should not be disturbed on appeal.
• Creighton's Rest. Corp. v. Russell
  187 So. 2d 43· Fla. 4th DCA· 1966-06-03
  The court held that the defendant failed to demonstrate reversible error in the trial court's judgment on the promissory note.
• Mastry v. ST. Petersburg Bank & Tr. Co.
  185 So. 2d 481· Fla. 2d DCA· 1966-02-25
  The court held that the written agreement between the attorney and the defendants, which clearly stated the notes were for services rendered, estopped the defendants from claiming a contemporaneous oral agreement for conditional payment or failure of consideration.
• Butler v. Mirabelli
  179 So. 2d 868· Fla. 2d DCA· 1965-10-21
  Butler, who regained possession of a yacht from Mach II, appeals a replevin judgment that awards him possession of the vessel subject to Mirabelli's chattel mortgage lien and interest damages rather than loss-of-use damages. The court affirms, holding that the trial court properl
• Motel Managers Training Sch., Inc. v. Merryfield
  347 F.2d 27· 9th Cir.· 1965-06-11
  The court held that the School breached the franchise agreement by failing to secure the necessary Illinois license to operate, making performance impossible and constituting a failure of consideration.
• Grantham v. Wiley Grantham, Sr.
  168 So. 2d 337· Fla. 1st DCA· 1964-10-29
  The court held that the complaint and evidence were insufficient to support cancellation of the deed based on fraud, but sufficient to support foreclosure of the vendor's lien due to non-payment.
• Am. Cas. Co. of Reading v. PAN Am. Bank OF Miami
  156 So. 2d 27· Fla. 2d DCA· 1963-09-11
  American Casualty Company appeals a judgment holding it liable on a supersedeas bond issued for an untimely appeal that was subsequently dismissed. The court upheld liability despite the failed appeal condition, finding that an appellant's failure to perfect an appeal is a breach
• Glauner v. Malone
  316 F.2d 291· 3d Cir.· 1963-04-03
  The court held that the Malones' promise to grant an option to buy was unenforceable due to the failure of the required consideration, making the plaintiffs' contract valid.
• Abraham v. Wilson
  20 Fla. Supp. 197· Duval Cty. Cir. Ct.· 1962-12-06
  The court held that no binding contract existed because a condition precedent, the securing of financing, was never fulfilled by the plaintiff.
• Ellis v. Sholar
  133 So. 2d 340· Fla. 2d DCA· 1961-09-22
  The Florida District Court of Appeal reversed the trial court's dismissal of an executrix's action seeking cancellation of a warranty deed executed by the deceased in exchange for a promise of care and support. The court held that the plaintiff presented sufficient evidence to cr
• Kennedy v. Engelhard Indus., Inc.
  288 F.2d 642· 3d Cir.· 1961-04-05
  The court held that the defendant remained liable for royalties under the license agreement, but erred in imposing liability for damages for failure to promote the licensed inventions.
• DAY v. Wilson
  286 F.2d 274· 10th Cir.· 1961-01-13
  The court held that the bill of sale was rescinded for failure of consideration, and upon the partner's death, the partnership property passed equally to the surviving partner and the deceased partner's estate, with specific allocations for contract performance and equipment use.
• Stevens v. Devine
  124 So. 2d 25· Fla. 2d DCA· 1960-10-28
  This appeal involves two consolidated cases arising from a partnership between John Peter Stevens and Ida J. Devine in a bakery business: a foreclosure action on a mortgage and an accounting suit. The appellate court affirmed the trial court's findings that the mortgage debt was
• Nicholson v. Heiden
  266 F.2d 480· 8th Cir.· 1959-04-15
  The court held that the trial court did not err in finding a breach of warranty and in calculating damages based on the net market value of the pigs after expenses, rather than applying the usual difference-in-value rule.
• Tucker v. Meredith
  232 F.2d 347· D.C. Cir.· 1956-03-15
  The court held that Meredith was not a holder in due course because he did not take the note in good faith.
• Rice v. Hans MAY
  231 F.2d 389· 9th Cir.· 1956-02-29
  The court held that a permit from the California Commissioner of Corporations was not required for a private resale of an oil royalty interest back to the original sellers, and that the sellers' failure to perform their repurchase obligation excused the buyer's potential duty to
• Boyer v. Anderson et ux.
  194 F.2d 305· 7th Cir.· 1952-01-30
  A wife's promise in a mortgage to pay the secured debt is enforceable, even if she did not sign the note, if there was consideration for her promise, such as the extension of credit to her husband.
• Appliance Corp. v. Speed Queen Corp.
  186 F.2d 798· 7th Cir.· 1951-02-06
  The court held that the contract did not obligate the defendant to manufacture washing machines solely according to patent specifications, and that the waiver of past defaults provided sufficient consideration for the contract.
• Brown v. Warner
  173 F.2d 162· 5th Cir.· 1949-03-08
  The court held that the defense of illegality, not pleaded or proven, could not be raised on appeal, and that the allowance of credits for corporate advances was unsupported by evidence of corporate failure to pay.
• United States v. State OF Okla. ex rel. State Hwy. Comm'n OF Okla. (three cases)
  168 F.2d 858· 10th Cir.· 1948-04-29
  The court held that the state's execution of the stipulation, which waived all claims for damages related to the dam's operation to 755 feet, precluded it from seeking additional compensation from the United States for flooded highways.
• Woods MFG. Co. v. Canadian Pac. Ry. Co.
  151 F.2d 711· 2d Cir.· 1945-11-09
  Prepaid freight is earned and not recoverable when the ship and cargo are lost, according to English law and the terms of the bills of lading.
• Johnson v. Fla. Bank AT Orlando
  153 Fla. 120· Fla.· 1943-06-04
  Contractors and materialmen who subordinated their construction liens to a bank mortgage challenged the foreclosure, arguing the bank failed to advance the full loan amount promised. The Florida Supreme Court upheld the bank's priority lien, finding the subordination agreement wa
• Boss v. Dist. OF Columbia
  D.D.C.· 1943-01-25
  The court held that the District of Columbia did not abandon the street improvement project, and therefore, there was no failure of consideration for the benefit assessments paid by the appellants.
• Price v. Block
  124 F.2d 738· 7th Cir.· 1941-12-13
  The court held that the district court correctly dismissed the complaint for want of equity, as the probate court had primary jurisdiction over the estate matters and the claims presented.
• Hannah v. The First State Bank of Eustis
  143 Fla. 416· Fla.· 1940-06-18
  This case involves a promissory note signed by J. F. Hannah as executor of an estate. The defendant argued the note was not his individual act and deed, and that claims against the estate were barred by statute. The court affirmed the lower court's decision, finding the defendant
• Peninsula Land Co. v. Nat'l Mortg. Co.
  141 Fla. 204· Fla.· 1940-01-02
  The Florida Supreme Court reviewed a foreclosure decree on a real estate mortgage assigned before maturity. The court affirmed the foreclosure but modified the decree to reduce the interest rate from 8% to 6% to comply with applicable Florida law.
• Norah D. Singletary v. Singletary
  130 Fla. 347· Fla.· 1937-12-09
  This case concerns whether a widow can claim failure of consideration for a promissory note she signed to secure funds to pay her deceased husband's debt, when she voluntarily took out a new loan for this purpose. The court found that she could not, as the new loan constituted a
• Hazen v. Robinson
  123 Fla. 392· Fla.· 1936-03-13
  In this ejectment action, the Florida Supreme Court affirmed a jury verdict for the defendant upholding a challenge to a deed executed by an elderly widow on equitable grounds of lack of mental capacity and undue influence. The court found substantial evidence supported the jury'
• Piper v. Cooper-Atha-Bar Real Est. & Mortg. Co.
  113 Fla. 327· Fla.· 1933-12-21
  Piper sued Cooper-Atha-Bar Real Estate to recover unpaid installments on a real estate purchase contract. The trial court granted a directed verdict for the purchase price but conditioned execution on Piper depositing a warranty deed. The Florida Supreme Court affirmed, holding t
• Meyer v. Fla. Disc. Corp. (Two Cases.)
  112 Fla. 412· Fla.· 1933-10-19
  Meyer, as assignee of promissory notes, sued to collect on two notes executed by the defendant as partial payment for real estate. The defendant claimed the notes should be unenforceable due to fraudulent representations made by the original payee regarding the property. The Flor
• Williams v. Johnson
  109 Fla. 296· Fla.· 1933-03-28
  In this mortgage enforcement case, the Florida Supreme Court reversed a lower court decree in favor of the mortgagee (Johnson), holding that a mortgagor's answer alleging a breach of a contemporaneous written agreement regarding the mortgage transaction stated valid affirmative d
• Atl. & Gulf Fertilizer Co. v. Coats
  105 Fla. 324· Fla.· 1932-04-26
  Atlantic & Gulf Fertilizer Company, a holder in due course of a negotiable promissory note, sued W. L. Coats on the note. The trial court erred by shifting the burden of proof to the holder to prove consideration when the defendant pleaded failure of consideration. The Florida Su
• Wicker v. Hampton
  104 Fla. 400· Fla.· 1932-03-10
  Wicker sued Hampton's executors to recover $1,377.50 paid for scrip (land certificates) that failed to yield title to land due to disputes between Hampton and the State Board of Education. The Florida Supreme Court affirmed the directed verdict for the defendants, holding that Ha
• Barcus v. Wood
  101 Fla. 48· Fla.· 1931-04-02
  Barcus executed a new promissory note to Jessie Wood White in 1910 as a renewal or replacement of an earlier note to Henry Wood. After Wood's death, his estate divided the original note to Barcus's widow, who endorsed it to her daughter Jessie Wood White. When Barcus failed to pa
• Rose v. Raffel
  100 Fla. 1582· Fla.· 1931-01-05
  This case involves an appeal from a chancellor's order that set aside a master's findings, denied the complainant's request for a final decree, and required an amended bill for further clarification. The appellate court affirmed the chancellor's order, finding it was a proper exe
• Groft v. Indep. Fertilizer Co.
  93 Fla. 525· Fla.· 1927-03-15
  The court affirmed a lower court's decision to sustain a demurrer to a farmer's defense against a promissory note for fertilizer. The farmer claimed the fertilizer was deficient, but the court found his pleas lacked sufficient detail about when and how the deficiency was discover
• Hayman v. Mitchell
  91 Fla. 304· Fla.· 1926-02-23
  The Florida Supreme Court reversed a default judgment in a case involving a retain title note, finding that the lower court erred in striking the defendant's pleas and in the declaration's defective ad damnum clause.
• Loveland v. Perkins
  55 Fla. 500· Fla.· 1908-01-01
  This case involves a dispute over a contract for jewelry. The defendants claimed the goods received were not as represented by samples and were of inferior quality, leading them to return the goods. The court affirmed the jury's verdict in favor of the defendants.
• Ludwig Carlsen and John T. Lind v. Ziehme
  53 Fla. 235· Fla.· 1907-01-01
  This case involves a dispute over a contract for jewelry. The court affirmed the lower court's judgment, finding that the defendants failed to timely repudiate the contract after discovering alleged defects in the goods, despite the contract's terms regarding returns and exchange
• Hagler v. Mercer
  6 Fla. 342· Fla.· 1855-03-01
  The court considered whether a plea of failure of consideration for a promissory note required an oath. The court held that the statute requiring an oath applied only to pleas denying execution or alleging a want of consideration, not a failure of consideration. This decision cla