Fraudulent Inducement

1,994 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Wellcraft Marine Corp. v. Outdoor World, Inc.
  533 So. 2d 775· Fla. 3d DCA· 1988-07-19 ·cited 2×
  Wellcraft Marine Corp. appealed a jury verdict awarding Outdoor World damages for fraud, while Outdoor World cross-appealed the dismissal of its breach of oral contract claim. The court affirmed the finding against Outdoor World on the oral contract claim but reversed the fraud d
• Schuster v. Kidder
  699 F. Supp. 271· S.D. Fla.· 1988-06-27 ·cited 2×
  The court held that claims under § 10(b) of the 1934 Act, federal RICO, § 12(2) of the 1933 Act, and state law claims are arbitrable, and that the arbitration clauses in the customer agreements are valid and enforceable.
• Bitkowski v. Merrill Lynch
  866 F.2d 821· 6th Cir.· 1987-11-09 ·cited 2×
  The court held that the district court erred in denying the motion to compel arbitration because the customer failed to establish fraudulent inducement of the arbitration provision.
• Janelle C. Cook v. Donnie R. Cook
  512 So. 2d 1123· Fla. 4th DCA· 1987-09-23 ·cited 2×
  In a dissolution of marriage case, the trial court set aside conveyances of seven parcels of real property from husband to wife, claiming fraud in the inducement, and also set aside subsequent conveyances from wife to third parties. The appellate court reversed, holding that the
• Hoover Universal, Inc. v. Brockway Imco, Inc.
  809 F.2d 1039· 4th Cir.· 1987-01-21 ·cited 2×
  A buyer's claims for breach of warranty and fraud are barred by a comprehensive written contract containing an 'as is' clause and a merger clause, especially when the buyer failed to conduct a reasonable inspection that would have revealed the alleged misrepresentation.
• Hamilton v. Harrington
  807 F.2d 102· 7th Cir.· 1986-12-03 ·cited 2×
  The court held that the plaintiff's Rule 10b-5 claim failed because there was no misrepresentation or scheme to defraud, and the release signed was valid under state law, barring his claims.
• Hill v. A.O. Smith Corp.
  801 F.2d 217· 6th Cir.· 1986-09-15 ·cited 2×
  The court held that a general release signed by the plaintiffs did not bar claims for feed spoilage if the parties did not intend to cover such unknown issues, but waivers in subsequent extension agreements with the financing company were valid. The court also held that the statu
• Deschler v. Brown & Williamson Tobacco Co.
  797 F.2d 695· 8th Cir.· 1986-08-08 ·cited 2×
  The court held that parol evidence cannot be used to contradict an unambiguous, facially complete written employment contract, and that fraud claims based solely on contract breaches are without merit.
• Spath v. McLAUGHLIN
  490 So. 2d 217· Fla. 4th DCA· 1986-06-25 ·cited 2×
  A lender appeals a trial court's refusal to award attorney's fees, costs, and default interest on a promissory note after the borrower defaulted. The appellate court reversed, holding that attorney's fees and default interest were properly due under the note's terms despite an ac
• Fed. Deposit Ins. Corp. v. W.T. Langley and Mary Ann Grimes Langley
  792 F.2d 547· 5th Cir.· 1986-06-25 ·cited 2×
  The court held that the Federal Land Bank (FLBJ) is not bound by the misrepresentations of a Federal Land Bank Association (FLBA) president because the FLBA is a distinct entity and the president was not an agent of the FLBJ.
• Wolfe v. Commercial Union Ins.
  792 F.2d 87· 7th Cir.· 1986-06-04 ·cited 2×
  The Indiana Workmen's Compensation Act provides the exclusive remedy for an employee seeking benefits for injuries sustained during employment, and the Industrial Board has exclusive jurisdiction over such claims, including those involving allegations of fraud that would toll the
• John Cooper Produce, Inc. v. Paxton Nat'l Ins. Co.
  774 F.2d 433· 11th Cir.· 1985-10-18 ·cited 2×
  The court held that diversity jurisdiction was proper and that the district court did not err in granting a directed verdict for the insurers.
• Milk Drivers & Dairy Emps. Union v. Vevoda
  772 F.2d 530· 9th Cir.· 1985-09-24 ·cited 2×
  The court held that the district court lacked jurisdiction to consider the defendants' defense based on alleged fraudulent inducement into union membership, as such matters are within the primary jurisdiction of the NLRB.
• Boyd v. Merrill Lynch
  611 F. Supp. 218· S.D. Fla.· 1985-06-18 ·cited 2×
  The court held that the plaintiff's claims under Section 12(2) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 were not time-barred, but reserved ruling on the motion to compel arbitration pending further evidence.
• Tandy Brands, Inc. v. Harper
  760 F.2d 648· 5th Cir.· 1985-05-20 ·cited 2×
  The court held that the covenant not to compete was overbroad in its territorial scope and thus unenforceable for damages, but affirmed the dismissal of Harper's counterclaim for tortious interference with contract due to waiver.
• Eaton Corp. v. Easton Assocs., Inc.
  728 F.2d 285· 6th Cir.· 1984-02-20 ·cited 2×
  The court held that Sloan was not entitled to damages or specific performance on his contract claim because Eaton was not in material breach and Sloan never exercised the option, but reversed summary judgment on the fraud claim, finding factual issues regarding misrepresentation
• Chem. Bank v. Norman Geller & Blair Realty
  727 F.2d 61· 2d Cir.· 1984-02-06 ·cited 2×
  Summary judgment for the bank was inappropriate because there is a factual dispute regarding the amount of the principal's debt, which is necessary to determine the guarantors' liability.
• P & S Bus. Machs., Inc. v. Olympia U.S.A., Inc.
  707 F.2d 1321· 11th Cir.· 1983-06-24 ·cited 2×
  The court held that the trial judge erred in granting a directed verdict based on a narrow interpretation of damages and that the jury instructions in the first trial were flawed.
• Dubov Realty, Inc. v. Kucharek
  433 So. 2d 58· Fla. 3d DCA· 1983-06-21 ·cited 2×
  A real estate broker (Dubov Realty) sued a prospective purchaser (Kucharek) for its brokerage fee after the purchaser refused to close on a property sale. The trial court found the contract valid and that the purchaser breached without justification, but refused to award damages.
• Ocean Reef Club, Inc. v. UOP, Inc.
  554 F. Supp. 123· S.D. Fla.· 1982-12-20 ·cited 2×
  The court held that the service agreement was ambiguous regarding individual bank potability standards, and parol evidence showed the intent for each bank to meet standards. The court found UOP breached the contract but substantially performed, entitling them to payment. The cour
• In re THC Fin. Corp. v. J. Carl Osborne in Reorganization for THC Fin. Corp.
  679 F.2d 784· 9th Cir.· 1982-06-14 ·cited 2×
  A claim by shareholders against a bankrupt issuer's wholly-owned subsidiary for fraud in the inducement of stock purchase is equitably subordinate to the claims of the subsidiary's general unsecured creditors.
• Nat'l BEN Franklin Life Ins. Corp. v. Cohen
  414 So. 2d 552· Fla. 4th DCA· 1982-04-21 ·cited 2×
  National Ben Franklin Life Insurance Corporation appealed a summary judgment entered against it in a dispute with the estate of Albert E. Cohen over an allegedly fraudulently obtained insurance policy. The court reversed the summary judgment, finding that the insurer failed to di
• Denton Constr. Co. v. Mo. Portland Cement Co.
  659 F.2d 873· 8th Cir.· 1981-09-25 ·cited 2×
  The court held that a contract clause purporting to exempt the seller from liability for consequential damages was ambiguous when read with other contract provisions, and thus, dismissal under Rule 12(b)(6) was improper. The court also found that it could not definitively rule ou
• Anneliese B. Lamb v. Conn. Gen. Life Ins. Co.
  643 F.2d 108· 3d Cir.· 1981-02-23 ·cited 2×
  The court held that the Social Security Act does not prohibit an insurance policy from offsetting increases in Social Security disability benefits or benefits paid to dependents against the policy's disability payments.
• Midlantic Nat'l Bank v. Commonwealth Gen., Ltd.
  386 So. 2d 31· Fla. 4th DCA· 1980-07-02 ·cited 2×
  Midlantic National Bank appeals a judgment awarding damages to Commonwealth General and Melvin Kaplan on counterclaims alleging fraudulent inducement and breach of a line of credit agreement. The Fourth District reversed, holding that a line of credit does not obligate a bank to
• United States v. HUB City Volkswagen, Inc.
  625 F.2d 213· 9th Cir.· 1980-04-14 ·cited 2×
  The court held that the district court erred in applying the parol evidence rule to bar evidence of an oral condition precedent to the effectiveness of personal loan guaranties.
• Myers v. Am. Fin. Sys. OF Decatur, Inc.
  615 F.2d 368· 5th Cir.· 1980-04-11 ·cited 2×
  The court held that the district court erred in granting summary judgment based on an unambiguous accord and satisfaction, as parol evidence was necessary to determine if a meeting of the minds occurred.
• Bell v. Exxon Co.
  575 F.2d 714· 9th Cir.· 1978-05-05 ·cited 2×
  The court held that summary judgment was improperly granted on the fraudulent inducement claim due to a factual dispute regarding ostensible authority, but was properly granted on the eviction claim.
• McCURLEY v. Auto-Owners INS. Co.
  356 So. 2d 68· Fla. 1st DCA· 1978-03-15 ·cited 2×
  Court reversed summary judgment dismissing fraud claim where insurer's agent allegedly misrepresented that a release covered only vehicle damage when it actually covered all claims including bodily injury.
• Hermes v. Anton
  346 So. 2d 1205· Fla. 3d DCA· 1977-05-03 ·cited 2×
  Plaintiffs appealed a trial court order reducing a $20,000 punitive damages award to $1,800 or ordering a new trial, claiming the reduction was improper. The appellate court reversed, holding that punitive damages approximately ten times the compensatory award bear a reasonable r
• Maxime C. Baretge v. Barnett
  553 F.2d 290· 2d Cir.· 1977-04-14 ·cited 2×
  The court held that the district court erred in dismissing the securities fraud claims based on a misinterpretation of the purchaser-seller requirement under Rule 10b-5.
• Rosenwasser v. Frager
  322 So. 2d 640· Fla. 3d DCA· 1975-11-25 ·cited 2×
  A Florida appellate court affirmed a trial court's decision to permit the joinder of over 30 condominium unit owners as plaintiffs in a fraud and rescission action against the developer, rejecting the developer's argument that permitting multiple plaintiffs based on identical pur
• Ryan v. Coy Glenn
  489 F.2d 110· 5th Cir.· 1974-02-08 ·cited 2×
  Statements made by a seller about a bull's breeding capabilities can be actionable fraud if the seller has superior knowledge not accessible to the buyer, even if the statements could be considered opinion or puffing.
• Les Schwimley & Les Schwimley Motors, Inc. v. Chrysler Motors Corp.
  481 F.2d 1025· 9th Cir.· 1973-07-11 ·cited 2×
  The court held that the evidence presented did not support a reasonable inference that the appellees had decided to discontinue De Soto production prior to entering into the dealer agreement.
• Frey v. Frankel
  443 F.2d 1240· 10th Cir.· 1971-06-11 ·cited 2×
  The court held that the judgment against Duo-Bed on the second claim was improper as the claim was aimed solely at Frankel's individual actions. The court affirmed the trial court's findings of fraud and the measure of damages against Frankel on the second claim, and upheld Frey'
• RAY v. Foreman
  441 F.2d 1266· 6th Cir.· 1971-04-29 ·cited 2×
  The court held that the plaintiff failed to present sufficient evidence to support claims of conspiracy, fraudulent inducement, or violation of civil rights, and affirmed the district court's dismissal.
• Taute v. Econo-Car Int'l, Inc.
  414 F.2d 828· 9th Cir.· 1969-07-07 ·cited 2×
  A party waives a fraud claim by continuing with a contract after discovering misrepresentations, and damages for breach of contract must be proven, not merely alleged.
• DELTA Investing Corp. v. Moore
  366 F.2d 516· 6th Cir.· 1966-09-02 ·cited 2×
  The court held that a party seeking rescission is not always required to restore the status quo if restoration is impossible due to the other party's wrongful conduct.
• Hal E. Roach v. Reldan Trading Corp.
  321 F.2d 42· 2d Cir.· 1963-08-06 ·cited 2×
• Winslett v. Rozan
  279 F.2d 654· 10th Cir.· 1960-05-13 ·cited 2×
  The court held that the evidence of fraud was insufficient to void the mineral deed and that the appellant's claim under the color-of-title statute failed because possession of the surface does not constitute possession of severed minerals.
• McGILL v. Henderson
  98 So. 2d 791· Fla.· 1957-12-11 ·cited 2×
  The court held that a plaintiff may present an equitable plea to a release in a law action, regardless of whether the alleged fraud pertains to the inducement or the execution of the release.
• VAN Andel v. Theoren Charles Smith
  248 F.2d 915· 10th Cir.· 1957-10-23 ·cited 2×
  The court held that a partner induced into a partnership by fraud remains liable to third-party creditors for debts incurred during the partnership's existence, but the partnership's adjudication as bankrupt may be set aside if the petitioning creditors' debts do not meet statuto
• SAN Juan Uranium Corp. v. Wolfe
  241 F.2d 121· 10th Cir.· 1957-01-02 ·cited 2×
  The court held that a corporation has a claim against its promoters for fraud when subsequent investors are deceived, even if initial promoters technically assented to the transaction.
• O'Tell v. NEW York
  236 F.2d 472· 2d Cir.· 1956-09-05 ·cited 2×
  The court held that the trial judge correctly ordered the $2500 paid for the release to be credited against the $5000 judgment, as the jury's verdict was based on instructions to disregard the release.
• Gideon J. Rohner, Jr. v. Union Pac. R.R. Co.
  225 F.2d 272· 10th Cir.· 1955-07-07 ·cited 2×
  The court held that a statute of limitations defense can be raised and resolved on a motion to dismiss or for summary judgment if the complaint clearly shows the action is time-barred and no genuine factual controversy exists.
• Richards v. Phoenix Mut. Life Ins. Co.
  215 F.2d 114· 8th Cir.· 1954-08-19 ·cited 2×
  The court held that the trial court erred in granting summary judgment based on the parol evidence rule, as Missouri law permits parol evidence to prove fraud in the inducement of a contract.
• Tsapelas v. Tsapelas
  69 So. 2d 315· Fla.· 1954-01-08 ·cited 2×
  In this Florida Supreme Court case, a husband sought annulment of his marriage based on the wife's alleged fraudulent concealment of tuberculosis. The court affirmed the trial court's denial of the annulment, holding that fraud is not recognized as a ground for annulment in Flori
• Yarnelle v. Kollar
  62 So. 2d 915· Fla.· 1953-01-30 ·cited 2×
  Yarnelle sued to rescind a bill of sale and purchase agreement, alleging fraud by Kollar. The Florida Supreme Court affirmed the lower courts' findings that no fraud occurred and that the parties had dealt in good faith, despite the plaintiff's business difficulties with health a
• Chesapeake & O. Ry. Co. v. Chaffin
  184 F.2d 948· 4th Cir.· 1950-11-08 ·cited 2×
  The court held that the evidence did not support the jury's finding that the release was invalid due to fraud or mistake, and therefore the release was binding.
• Vokal v. United States
  177 F.2d 619· 9th Cir.· 1949-11-03 ·cited 2×
  The court held that the Vokals' allegations of fraud and misrepresentation were insufficient as a matter of law to invalidate the renegotiation agreement, but that the amount of tax credits was a material fact in controversy that required further determination.