Impossibility Of Performance

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

• Koppers Co., Inc. v. The United States
  405 F.2d 554· Ct. Cl.· 1968-12-13 ·cited 118×
  The court held that there was substantial evidence to support the Board's finding that the plaintiff failed to prove performance was impossible or commercially impracticable, thus upholding the termination for default.
• Int'l Union v. Yard-Man
  716 F.2d 1476· 6th Cir.· 1983-09-09 ·cited 93×
  The court held that collective bargaining agreement language intended to provide lifelong insurance benefits for retirees, and that retirees could settle pension disputes directly with the employer without union notice or consent.
• Nissho-Iwai Co., Ltd. v. Occidental Crude Sales, Inc.
  729 F.2d 1530· 5th Cir.· 1984-04-23 ·cited 61×
  The court held that the jury instruction on the force majeure clause, requiring that the excusing event be beyond Occidental's reasonable control, was proper. The court affirmed the finding of breach of contract but reversed the fraud verdict and remanded for a new trial on contr
• Atlanta GAS Light Co. v. Fed. Power Comm'n
  476 F.2d 142· 5th Cir.· 1973-02-07 ·cited 61×
  The court held that the Commission's interim curtailment order was reviewable and that § 4 procedures were permissible, but the district court prematurely dismissed a claim for damages pending the Commission's final decision.
• Halderman v. Pennhurst State Sch. & Hosp.
  673 F.2d 628· 3d Cir.· 1982-02-26 ·cited 60×
  The dissenting judge would dismiss the appeal of the contempt order for lack of appellate jurisdiction, as it is not immediately appealable before a final judgment.
• Crown ICE Mach. Leasing Co. v. SAM Senter Farms, Inc.
  174 So. 2d 614· Fla. 2d DCA· 1965-03-31 ·cited 58×
  Crown Ice Machine Leasing Company appealed a trial court's decree rescinding a contract with Sam Senter Farms for the supply and operation of ice-making equipment. The court affirmed the rescission on grounds of impossibility of performance and frustration of purpose, finding tha
• United States v. Wegematic Corp.
  360 F.2d 674· 2d Cir.· 1966-05-05 ·cited 55×
  The court held that the defendant's claim of "practical impossibility" due to engineering difficulties did not excuse its breach of contract, as the risk of such issues was assumed by the manufacturer.
• Shore Inv. Co. v. Hotel Trinidad, Inc.
  158 Fla. 682· Fla.· 1947-04-01 ·cited 53×
  In this commercial lease dispute, the Florida Supreme Court reversed an equity court's injunction that had restrained a lessor from recovering possession after the lessee demolished the leasehold improvements without first executing a required construction contract. The court hel
• Falstaff Brewing Corp. v. Miller Brewing Co.
  702 F.2d 770· 9th Cir.· 1983-03-28 ·cited 52×
  The amended contempt order is civil, not criminal, and the district court did not abuse its discretion in issuing it.
• Natus Corp. v. The United States
  371 F.2d 450· Ct. Cl.· 1967-01-20 ·cited 48×
  The court held that a contractor is not entitled to an equitable adjustment for increased costs due to production difficulties if performance is still commercially practicable, even if a specified method is implied and more costly than anticipated.
• Transatlantic Fin. Corp. v. United States
  363 F.2d 312· D.C. Cir.· 1966-05-27 ·cited 44×
  The court held that the charter party contract was not rendered legally impossible by the closure of the Suez Canal, and the plaintiff was not entitled to additional compensation for diverting around the Cape of Good Hope.
• Local 7-210 v. Union Tank CAR Co.
  475 F.2d 194· 7th Cir.· 1973-03-07 ·cited 41×
  The court held that a National Labor Relations Board (NLRB) determination regarding appropriate bargaining units supersedes an arbitrator's award, and an employer acting in accordance with the NLRB's decision cannot be held liable for damages.
• N. Am. van Lines v. Collyer
  616 So. 2d 177· Fla. 5th DCA· 1993-04-02 ·cited 40×
  The trial court abated a civil lawsuit and ordered arbitration, but then rescinded that order when the plaintiffs claimed they could not afford the arbitration deposit required by the American Arbitration Association. The appellate court reversed, holding that a party's financial
• Thomas W. Garland, Inc. v. The City OF ST. Louis & Manley Inv. Co.
  596 F.2d 784· 8th Cir.· 1979-02-28 ·cited 39×
  The court held that physical invasion or appropriation is not essential to a claim of de facto condemnation, and that governmental action substantially interfering with property rights can constitute a taking.
• In re the Grand Jury Subpoena Addressed to First Nat'l City Bank. United States v. First Nat'l City Bank & William T. Loveland
  396 F.2d 897· 2d Cir.· 1968-06-26 ·cited 37×
  A domestic bank cannot refuse to comply with a valid Grand Jury subpoena for documents held by its foreign branch solely on the grounds that compliance would subject it to civil liability under foreign law.
• Greenspahn v. Joseph E. Seagram & Sons, Inc.
  186 F.2d 616· 2d Cir.· 1951-01-22 ·cited 36×
  The court held that the denial of a Rule 60(b) motion to vacate a judgment is an appealable order, and in this case, there was no abuse of discretion by the lower court in denying the motion or refusing to vacate the settlement stipulation.
• Hilton OIL Transp. v. OIL Transp. Co., S.A.
  659 So. 2d 1141· Fla. 3d DCA· 1995-08-09 ·cited 35×
  Hilton Oil Transport and its owner Overman appealed a judgment requiring them to pay charter hire to Oil Transport Co. (O.T.C.) for a leased tug. The court held that while a government seizure did not frustrate the charter, the subsequent destruction of the barge by storm did, li
• Cti-Container Leasing Corp. v. Uiterwyk Corp.
  685 F.2d 1284· 11th Cir.· 1982-09-13 ·cited 35×
  A stay order is a final decision, and thus appealable, if it effectively places a party out of court by imposing an indefinite delay. The district court abused its discretion by staying the entire action, rather than severing and staying only the third-party claims against Iran a
• Int'l Paper Co. v. Fed. Power Comm'n
  476 F.2d 121· 5th Cir.· 1973-02-07 ·cited 35×
  The court suggests that while FPC curtailment orders may excuse a pipeline from contractual delivery obligations, a pipeline may still be liable for damages if it acted in bad faith or if substitute fuel clauses are interpreted differently. The case is remanded for further FPC cl
• NEW York Tr. Co. v. Sec. & Exch. Comm'n
  131 F.2d 274· 2d Cir.· 1942-11-12 ·cited 34×
  Debenture holders are not entitled to a call premium when the corporation is involuntarily dissolved by government order before the bonds' maturity date.
• The Austin Co. v. The United States
  314 F.2d 518· Ct. Cl.· 1963-03-06 ·cited 33×
  A contractor who proposes its own specifications, knows they may be unworkable, and incorporates them into a contract, assumes the risk of impossibility of performance and cannot rely on a termination clause excusing nonperformance due to extraneous causes beyond its control.
• Vishipco Line v. The Chase Manhattan Bank, N.A.
  660 F.2d 854· 2d Cir.· 1981-09-29 ·cited 32×
  The court held that Chase Manhattan Bank was obligated to pay plaintiffs the dollar value of their piastre deposits, as its defenses of impossibility, force majeure, nationalization, and act of state were not sustainable.
• Barona Grp. OF the Capitan Grande Band OF Mission Indians v. Am. Mgmt. & Amusement, Inc.
  824 F.2d 710· 9th Cir.· 1987-08-07 ·cited 31×
  The court held that the 1983 tribal bingo management agreement was null and void under 25 U.S.C. § 81 because it was not approved by the Secretary of the Interior or the Bureau of Indian Affairs, and that the district court did not err in granting summary judgment.
• In re Chase & Sanborn Corp. v. Nordberg
  872 F.2d 397· 11th Cir.· 1989-05-09 ·cited 30×
  The court held that while sanctions for discovery non-compliance were appropriate, the specific amount and purpose of the monetary sanctions imposed were not adequately determined by the lower courts.
• Hamilton v. Title Ins. Agency OF Tampa, Inc.
  338 So. 2d 569· Fla. 2d DCA· 1976-10-27 ·cited 30×
  Hamilton sought return of earnest money deposits after a sewer and water moratorium made it impossible to obtain required building permits for a real estate development contract. The trial court held both parties equally at fault and split the deposit; the appellate court reverse
• Ferguson v. Ferguson
  54 So. 3d 553· Fla. 3d DCA· 2011-02-02 ·cited 29×
  In this family law appeal, the court reversed a trial court's decision voiding a marital settlement agreement provision requiring the husband to pay the wife an equalization payment and refinance the marital home. The court held that economic downturns are foreseeable risks that
• Bland v. Freightliner LLC
  206 F. Supp. 2d 1202· M.D. Fla.· 2002-04-15 ·cited 28×
  The court held that the plaintiffs sufficiently stated claims for rescission, revocation of acceptance, and breach of express warranty, and that venue was proper in federal court after removal.
• Craig v. Bemis Co., Inc.
  517 F.2d 677· 5th Cir.· 1975-08-13 ·cited 28×
  Employees who did not meet the specific vesting requirements of the pension plan, as incorporated into collective bargaining agreements, cannot recover pension benefits upon plant closure.
• Normandy Beach Props. Corp. v. Adams
  107 Fla. 583· Fla.· 1933-01-05 ·cited 27×
  Normandy Beach Properties Corporation sold Joseph H. Adams an option to purchase submerged lands in Biscayne Bay, with Adams depositing $10,000 as earnest money. Adams sought to rescind the contract and recover the earnest money after the vendor's title included statutory reserva
• Harvey v. Lake Buena Vista Resort, LLC
  568 F. Supp. 2d 1354· M.D. Fla.· 2008-04-22 ·cited 26×
  The court held that the broad force majeure clause in the purchase agreement rendered the seller's obligation to complete the condominium within two years illusory, thus the Interstate Land Sales Full Disclosure Act exemption did not apply, entitling the plaintiffs to summary jud
• Hellenic Lines, Ltd. v. United States
  512 F.2d 1196· 2d Cir.· 1975-03-07 ·cited 26×
  The court held that the carrier's stops at Norfolk and Brooklyn for additional cargo constituted a voluntary unreasonable deviation, entitling the government to recover prepaid freight and additional costs.
• Moon v. Graham L. Wilson
  100 Fla. 791· Fla.· 1930-09-11 ·cited 26×
  Moon, a contractor, sued Wilson to foreclose a statutory lien for labor and materials furnished in constructing a house on Wilson's property. The trial court sustained a demurrer for vagueness, and the Florida Supreme Court affirmed, holding that Moon's allegations were insuffici
• N. Side Lumber Co. v. Block
  753 F.2d 1482· 9th Cir.· 1985-02-20 ·cited 25×
  The Tucker Act does not impliedly forbid equitable relief or preclude waiver of sovereign immunity for claims that government contracts were void.
• Stanley v. Anthony Farms
  93 Fla. 295· Fla.· 1927-02-18 ·cited 25×
  Stanley sued Anthony Farms for breach of a land sale contract executed before performance was due. The Circuit Court sustained a demurrer dismissing the suit, but the Florida Supreme Court reversed, holding that a vendor who sells contracted land to a third party and repudiates t
• Jansen v. The United States
  344 F.2d 363· Ct. Cl.· 1965-04-16 ·cited 24×
  The court held that the contracts must be enforced according to their plain terms, and that the payment for brightening implicitly included the cost of washing when performed as an incident to brightening.
• Bumby & Stimpson, Inc. v. Peninsula Utils. Corp.
  169 So. 2d 499· Fla. 3d DCA· 1964-12-08 ·cited 22×
  A contractor sued for additional compensation after encountering unforeseen soft sand conditions that required substituting cast iron pipe for clay pipe and using divers for installation. The trial court directed a verdict for the defendant, and the appellate court affirmed, hold
• Pub. Serv. Mut. Ins. Co. v. State
  135 So. 2d 777· Fla. 1st DCA· 1961-12-21 ·cited 22×
  A surety company on bail bonds seeks reversal of forfeiture judgments after the principal, Harley Jiles Jordan, failed to appear in a Florida criminal court. The principal was arrested in South Carolina on federal charges while posted on bail in Florida, and the surety claims it
• Stockslager v. Daly Aluminum Prods., Inc.
  246 So. 2d 97· Fla.· 1971-03-31 ·cited 21×
  The Florida Supreme Court held that when a deadline under the Mechanic's Lien Law falls on Sunday, the deadline is extended to the next business day. The Court declined to require performance of procedural acts on Sunday when the statute is silent on time computation, harmonizing
• Del. Valley Citizens' Council FOR Clean AIR v. Commonwealth OF PA.
  678 F.2d 470· 3d Cir.· 1982-05-21 ·cited 20×
  A state cannot avoid a federal consent decree by enacting state legislation that makes compliance impossible; federal courts can impose sanctions to coerce compliance.
• Safeco Ins. Co. v. Rochow
  384 So. 2d 163· Fla. 5th DCA· 1980-04-30 ·cited 20×
  The court held that the agreement between the parties was incapable of performance because the jury did not reach the issue of damages, and therefore the agreement was not binding.
• Jennie-O Foods, Inc. v. The United States
  580 F.2d 400· Ct. Cl.· 1978-06-14 ·cited 20×
  The court affirmed the Board's decision, holding that the plaintiff's delivery delays were not excusable and the assessed liquidated damages were not a penalty.
• Michael v. Costello
  539 F.2d 547· 5th Cir.· 1976-09-27 ·cited 20×
  The court held that the district court's injunction requiring population reduction was inappropriate for a single judge because it compelled defendants to violate Florida law, thus requiring a three-judge court.
• Foster Wheeler Corp. v. The United States
  513 F.2d 588· Ct. Cl.· 1975-03-19 ·cited 20×
  The court held that the contract specifications were impossible to perform, and the Government bears the risk of this impossibility, entitling the plaintiff to recover costs incurred in attempting to perform.
• The Island Territory OF Curacao v. Solitron Devices, Inc.
  489 F.2d 1313· 2d Cir.· 1973-12-26 ·cited 20×
  The court held that the arbitration award and the resulting foreign judgment were enforceable under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and New York law, respectively.
• United States v. Huff
  165 F.2d 720· 5th Cir.· 1948-01-13 ·cited 20×
  The dissent argues the majority erred in holding the United States suable by third-party tenants on a contract with landowners, and in allowing suits for damages sounding in tort.
• Pollock v. T & M Invs., Inc.
  420 So. 2d 99· Fla. 3d DCA· 1982-06-22 ·cited 19×
  This consolidated appeal addresses whether a trial court properly modified a final judgment requiring T & M Investments to pay monthly rental payments to Dr. Pollock after T & M claimed performance had become impossible due to inability to acquire surrounding properties for a pro
• Partridge v. Presley
  189 F.2d 645· D.C. Cir.· 1951-04-05 ·cited 19×
  The court held that the appeal was timely and that the contract was unenforceable due to impossibility of performance, and that the plaintiff failed to prove damages.
• Royal Indem. Co. v. Doyle E. Carlton
  116 Fla. 10· Fla.· 1934-07-28 ·cited 19×
  This case involves a surety bond posted to guarantee the construction of a toll bridge. The court held that the surety company is not liable on the bond because the county revoked the franchise before its completion date, making performance impossible.
• Daburlos v. Commercial Ins. Co. OF Newark
  521 F.2d 18· 3d Cir.· 1975-06-24 ·cited 18×
  Coverage must be extended because the insurer failed to prove the insureds were aware of the exclusionary provision and because the policy contains an ambiguity that must be construed against the insurer.
• Bromion v. The United States
  411 F.2d 1020· Ct. Cl.· 1969-06-20 ·cited 18×
  The court held that the ASBCA's decision was supported by substantial evidence and not arbitrary or capricious, and that the plaintiff failed to prove mutual mistake or legal error.