Impossibility Of Performance

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

• Brooks v. Yawkey
  200 F.2d 663· 1st Cir.· 1953-01-07 ·cited 18×
  The court held that under New York law, an unexercised option to purchase land becomes a nullity if a material part of the land is expropriated before the option is exercised, thus absolving the seller of liability.
• Hall v. The N. & S. Co.
  55 Fla. 235· Fla.· 1908-01-01 ·cited 18×
  The Florida Supreme Court reversed a lower court decision in a breach of contract action where the Northern & Southern Company allegedly failed to convey land to Hall & Pope after Hall & Pope tendered deferred payments. The court held that the declaration failed to state a cause
• Spring Lake NC, LLC v. Figueroa
  104 So. 3d 1211· Fla. 2d DCA· 2012-12-14 ·cited 17×
  Spring Lake sought to compel arbitration of a wrongful death and negligence lawsuit based on an arbitration agreement signed by the decedent. The circuit court denied the motion to compel arbitration, finding the phrase "nationally recognized arbitration association" could only b
• Am. Aviation, Inc. v. Aero-Flight Serv., Inc.
  712 So. 2d 809· Fla. 4th DCA· 1998-07-01 ·cited 17×
  A defendant cannot claim impossibility of performance as a defense when the supervening risk was foreseeable and could have been addressed in the contract.
• In re Apportionment LAW Appearing AS Senate Joint Resolution 1 E
  414 So. 2d 1040· Fla.· 1982-04-26 ·cited 17×
  The Florida Supreme Court upheld Senate Joint Resolution 1 E as a valid apportionment resolution, rejecting the attorney general's argument that disagreement between the House and Senate over district numbering invalidated it. The Court found that qualifying language inserted by
• Buchholtz v. Swift & Co., Amalgamated Meat Cutters & Butcher Workmen of N. Am., AFL-CIO
  609 F.2d 317· 8th Cir.· 1979-04-25 ·cited 17×
  The court held that if a union settles a grievance in good faith, an employee cannot sue for breach of contract regarding that settled claim.
• Reese v. Asher Levin
  124 Fla. 96· Fla.· 1936-02-20 ·cited 17×
  In this real estate contract dispute, the Florida Supreme Court affirmed a decree rescinding a land sale agreement and requiring return of the buyer's $2,500 deposit when the sellers lost their interest in half the property through foreclosure, making full performance impossible.
• Home Design Center-Joint Venture v. Cnty. Appliances OF Naples, Inc.
  563 So. 2d 767· Fla. 2d DCA· 1990-06-15 ·cited 16×
  Home Design Center sued County Appliances for breach of a commercial lease after the tenant vacated due to insurance difficulties. The trial court relieved County Appliances of its lease obligations based on impossibility of performance and frustration of purpose defenses. The ap
• Enercomp, Inc. v. McCORHILL Publ'g, Inc.
  873 F.2d 536· 2d Cir.· 1989-04-11 ·cited 16×
  The court held that the evidence was insufficient to support a claim for tortious interference with contract and that limitations on evidence and argument regarding a potential undisclosed liability unduly prejudiced the defendants in their breach of contract defense.
• Int'l Ass'n OF MacHinists & Aerospace Workers v. Oxco Brush Div. OF Vistron Corp.
  517 F.2d 239· 6th Cir.· 1975-05-15 ·cited 16×
  Employees are entitled to pro rata vacation pay for work performed between January 1 and May 11, 1973, even though the collective bargaining agreement expired and they went on strike, because the December 31st eligibility date was not a material condition and the plant closure ma
• Ctr. Mfg. Co., Inc. v. The United States
  392 F.2d 229· Ct. Cl.· 1968-03-15 ·cited 16×
  The contractor's interpretation of the specifications was reasonable, and the specifications were impossible to comply with while passing the required tests.
• Peck v. Shell OIL Co., Inc.
  142 F.2d 141· 9th Cir.· 1944-04-15 ·cited 16×
  The court held that the license agreement was unenforceable due to failure of consideration and that no confidential disclosures were violated.
• Hosp. Corp. OF Am. v. Assocs. in Adolescent Psychiatry
  605 So. 2d 556· Fla. 4th DCA· 1992-09-23 ·cited 15×
  Hospital Corporation of America appealed a judgment awarding Associates in Adolescent Psychiatry $3.25 million for breach of a fifteen-year oral agreement to operate a psychiatric facility. The Fourth District Court of Appeal reversed, holding that the oral contract violated Flor
• L. N. Jackson & Co., Inc. v. Royal Norwegian Gov't
  177 F.2d 694· 2d Cir.· 1949-11-10 ·cited 15×
  The court held that the defendant had the burden of proving either that the Commission would have coerced or requested repudiation, or that the plaintiff would have engaged the space despite knowing of the defendant's consent.
• Perry v. Shaw
  152 Fla. 765· Fla.· 1942-10-30 ·cited 15×
  Perry and others sought to cancel a 30-year golf course lease to Flagler Country Club, Inc. after the corporation was dissolved by the State of Florida for failing to pay capital stock taxes. The Florida Supreme Court held that the corporation's dissolution constituted an anticip
• Zephyr Haven Health & Rehab Ctr., Inc. v. Hardin
  122 So. 3d 916· Fla. 2d DCA· 2013-09-27 ·cited 14×
  Zephyr Haven Health & Rehab Center challenged a trial court's order denying its motion to compel arbitration of Edna Hardin's nursing facility negligence claims. The court reversed, finding that Hardin failed to meet her burden of proving financial impossibility, unconscionabilit
• Morales-Feliciano v. Parole Bd. OF The Commonwealth OF Puerto RICO
  887 F.2d 1· 1st Cir.· 1989-09-26 ·cited 14×
  The court held that the district court's August 1988 order increasing sanctions for prison overcrowding was appealable and lawful.
• Paul N. Howard Co. v. Puerto RICO Aqueduct Sewer Auth.
  744 F.2d 880· 1st Cir.· 1984-08-29 ·cited 14×
  The court affirmed the district court's judgment, holding that PRASA's arguments regarding differing site conditions, increased pile capacity costs, attorney's fees, and Eleventh Amendment immunity were without merit.
• Asphalt Int'l, Inc. v. Enter. Shipping Corp., S.A.
  667 F.2d 261· 2d Cir.· 1981-12-10 ·cited 14×
  A shipowner is excused from the duty to repair a chartered vessel if the cost of repairs exceeds the vessel's pre-collision fair market value, rendering performance commercially impracticable, even if insurance proceeds exceed the vessel's value.
• Bethlehem Corp. v. The United States
  462 F.2d 1400· Ct. Cl.· 1972-07-14 ·cited 14×
  A contractor assumes the risk of impossibility of performance when it assures the government that specifications are attainable and possesses superior knowledge of the technical feasibility, even if the government drafted the specifications.
• Stoeckert v. The United States
  391 F.2d 639· Ct. Cl.· 1968-03-15 ·cited 14×
  The court affirmed the denial of the plaintiff's motion for summary judgment and granted the defendant's cross-motion, holding that the plaintiff's contract was properly terminated for default due to defective workmanship and refusal to comply with the contracting officer's direc
• Brunswick-Balke-Collender Co. v. Foster Boat Co.
  141 F.2d 882· 6th Cir.· 1944-04-12 ·cited 14×
  The court held that the jury had sufficient evidence to find that the appellant breached the contract first and that the appellee proved substantial damages, despite some imprecision.
• Hall v. The N. & S. Co.
  55 Fla. 242· Fla.· 1908-01-01 ·cited 14×
  The Florida Supreme Court denied a rehearing in a case where a buyer sued a seller for breach of contract. The court found the buyer's declaration insufficient because it failed to allege facts showing actual damages or that the buyer was prevented from fulfilling their contractu
• Am. Trading & Prod. Corp. v. Shell Int'l Marine Ltd.
  453 F.2d 939· 2d Cir.· 1972-01-05 ·cited 13×
  The court held that the closure of the Suez Canal did not render the voyage charter contract impossible or commercially impracticable, and thus the owner was not entitled to additional compensation for the longer route.
• Fujimoto v. RIO Grande Pickle Co., Inc.
  414 F.2d 648· 5th Cir.· 1969-07-11 ·cited 13×
  The court held that employees can accept written contract offers by conduct, and that prior year losses must be considered when calculating bonuses for a partial fiscal year. However, the court also found that the parties modified the contract's stock reinvestment provision throu
• United GAS Pipe Line Co. v. Fed. Energy Regulatory Comm'n
  824 F.2d 417· 5th Cir.· 1987-08-18 ·cited 12×
  The court held that the Federal Energy Regulatory Commission has jurisdiction to approve exculpatory tariffs for direct sales customers as part of curtailment plans, and that the Commission's articulated standard of liability (negligence, bad faith, fault, or willful misconduct)
• J. A. Maurer, Inc. v. The United States
  485 F.2d 588· Ct. Cl.· 1973-10-17 ·cited 12×
  A contractor who proposes and obtains leave to perform according to its own methods, especially when possessing superior expertise, assumes the risk of impossibility or technical difficulties, and cannot use these as an excuse for nonperformance.
• United States v. Egan
  394 F.2d 262· 2d Cir.· 1968-04-24 ·cited 12×
  The court held that the surety's obligation on the bail bonds was not exonerated by the defendants' arrest by immigration authorities or by the court's modification of the reporting schedule, and the trial court did not abuse its discretion in ordering forfeiture.
• Barnard-Curtiss Co. v. The United States
  301 F.2d 909· Ct. Cl.· 1962-04-04 ·cited 12×
  The court held that the plaintiff was entitled to recover costs for flood damage repair, but only for the portion of the dam outside the 'neat or pay lines' that was directly related to its work, and also for dewatering work performed by a subcontractor.
• Baumer v. Franklin Cnty. Distilling Co., Inc.
  135 F.2d 384· 6th Cir.· 1943-04-15 ·cited 12×
  The court held that the appellee breached the sales agency contract by selling its distillery and a key brand, and that while prospective profits were too speculative for recovery, the appellant was entitled to nominal damages.
• The Bd. OF Comm'rs OF Brevard v. Barber Bonding Agency
  860 So. 2d 10· Fla. 5th DCA· 2003-09-26 ·cited 11×
  The Board of Commissioners of Brevard County appealed an order granting Barber Bonding Agency remission of 90% of a forfeited bail bond under Florida Statutes section 903.28(4). The court affirmed, holding that the statutory time period for remission begins when a defendant is ar
• Merrill Lynch v. Knudsen
  749 F.2d 496· 8th Cir.· 1984-12-02 ·cited 11×
  The court held that post-judgment interest should be calculated from the date judgment should have been entered, not when it was actually entered, and that attorney's fees should be calculated under the prior statute based on the contract.
• Industries v. Panelfab Int'l Corp.
  529 F.2d 1203· 5th Cir.· 1976-04-08 ·cited 11×
  The court held that the agency agreement was ambiguous, allowing parole evidence, and that substantial evidence supported the jury's findings regarding breach of contract and impossibility of performance.
• Stein v. Paradigm Mirsol, LLC
  551 F. Supp. 2d 1323· M.D. Fla.· 2008-02-07 ·cited 10×
  The court held that the agreement was not exempt from the Interstate Land Sales Full Disclosure Act (ILSFDA) because its provisions for delays and limitations on damages rendered the seller's obligation to complete construction within two years illusory. Consequently, the buyers
• Myriam Diehl v. H.J. Heinz Co. & Metromail Corp.
  901 F.2d 73· 7th Cir.· 1990-04-24 ·cited 10×
  The court held that the dismissal was improper because the condition for reinstating the case was impossible to fulfill, rendering the subsequent dismissal irrational.
• Louis Dreyfus Corp. v. 27
  830 F.2d 1321· 5th Cir.· 1987-10-29 ·cited 10×
  The court affirmed the district court's judgment, finding that the notice of appeal was timely and that the vessel owner failed to exercise due diligence to make the vessel seaworthy, thus precluding claims for earned freight and general average. The court also found that damages
• The Sch. Bd. OF Nassau Cnty. v. Arline
  408 So. 2d 706· Fla. 1st DCA· 1982-01-11 ·cited 10×
  A school board may dismiss a teacher with active infectious tuberculosis when the teacher works with young children and substantial competent evidence supports a finding that the teacher's condition poses an unacceptable health and safety risk. The continuing contract provision e
• LEE v. Bowlerama Enters., Inc.
  368 So. 2d 913· Fla. 3d DCA· 1979-03-06 ·cited 10×
  A lessee of a nightclub property appealed the dismissal of his counterclaim for rescission and damages, while the lessor cross-appealed the denial of its directed verdict motion for unpaid rent. The court affirmed dismissal of the counterclaim but reversed and remanded to enter j
• Pershing Indus., Inc. v. Shupnick
  325 So. 2d 410· Fla. 3d DCA· 1976-01-13 ·cited 10×
  A contract for stock purchase is subject to rescission when the method for determining the purchase price is incapable of performance, making the price-determination provision a dependent covenant whose impossibility defeats the contract.
• Commercial Contractors, Inc. v. United States Fid. & Guar. Co.
  524 F.2d 944· 5th Cir.· 1975-09-29 ·cited 10×
  The court did not issue a holding as this is a concurring opinion.
• Kama Rippa Music, Inc. v. Ms. Melanie Schekeryk
  510 F.2d 837· 2d Cir.· 1975-02-10 ·cited 10×
  The court held that Kama Rippa's failure to pay royalties on time was not excused by impossibility due to a self-procured attachment, and its equitable defenses against forfeiture were without merit.
• N. Fiorito Co., Inc. v. The United States
  416 F.2d 1284· Ct. Cl.· 1969-10-17 ·cited 10×
  The court held that the contractor was entitled to an equitable adjustment and time extension due to the government's improper testing procedures and the resulting increased compaction requirements.
• Fisher v. Fisher
  202 So. 2d 868· Fla. 4th DCA· 1967-09-28 ·cited 10×
  A divorced wife sought modification of a separation agreement requiring her ex-husband to maintain her as an irrevocable beneficiary on his group health insurance. The trial court denied the modification petition, but the appellate court reversed, holding that the petition was co
• The Clark Grave Vault Co. v. The United States
  371 F.2d 459· Ct. Cl.· 1967-01-20 ·cited 10×
  A contractor cannot claim legal impossibility merely because its chosen method of performance proves inadequate, especially when feasible alternative methods exist.
• Glen H. Shay et ux. v. Agric. Stabilization & Conservation State Comm. for Ariz.
  299 F.2d 516· 9th Cir.· 1962-01-24 ·cited 10×
  A regulation that automatically deems any knowing or willful violation of a soil bank contract as substantial enough to warrant termination is invalid because it conflicts with the statutory requirement that such violations be determined on a case-by-case basis.
• Lewis v. Belknap
  96 So. 2d 212· Fla.· 1957-06-28 ·cited 10×
  The Florida Supreme Court reversed a lower court's decision to rescind a real estate contract and return a deposit. The court found that the purchaser's inability to secure a mortgage due to his wife's refusal to sign was not a valid legal excuse for non-performance.
• Global Commerce Corp., S.A. v. Clark-Babbitt Indus., Inc.
  239 F.2d 716· 2d Cir.· 1956-12-17 ·cited 10×
  The court held that there was sufficient evidence to support a finding that the parties reached an agreement for the sale of copra after September 25th, and that Mexican law, not the Statute of Frauds, governed the contract's validity.
• United States v. Carolina Cas. Ins. Co.
  237 F.2d 451· 7th Cir.· 1956-10-11 ·cited 10×
  The involuntary induction of a bail bond principal into the military does not automatically discharge the surety, especially when the principal is discharged before default and the surety fails to utilize statutory protections.
• Gen. Beverages, Inc. v. Rogers
  216 F.2d 413· 10th Cir.· 1954-09-08 ·cited 10×
  The court held that summary judgment for the defendant was proper because, under Alabama law, the note was void and unenforceable as it was given for the promise of future stock issuance, and the plaintiff failed to raise a genuine issue of material fact.
• Advertects, Inc. v. Sawyer Indus., Inc.
  64 So. 2d 300· Fla.· 1953-04-10 ·cited 10×
  Advertects, Inc. sued Sawyer Industries, Inc. for payment of advertising services. The lower court denied Advertects' motion for summary judgment on the ground that a receiver appointed over Sawyer's assets deprived it of the ability to pay. The Florida Supreme Court reversed, ho