Impossibility Of Performance

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

• Nat'l Dairymen Ass'n, Inc. v. Dean Milk Co.
  183 F.2d 349· 7th Cir.· 1950-06-16 ·cited 10×
• Kiyoichi Fujikawa v. Sunrise Soda Water Works Co.
  158 F.2d 490· 9th Cir.· 1946-12-05 ·cited 10×
  The court held that bank officials' failure to apply for a license to operate constituted a lack of good faith, precluding a defense of impossibility of performance for not repaying depositors, and that surplus assets should be used to pay interest on claims.
• Fitness Int'l, LLC v. 93 Flrpt, LLC
  361 So. 3d 914· Fla. 2d DCA· 2023-05-10 ·cited 9×
  This case addresses whether government-ordered COVID-19 restrictions excused a tenant's obligation to pay rent under a commercial lease. The court held that the lease did not contain a warranty guaranteeing the tenant's uninterrupted operation and that neither the force majeure c
• Amoco Oil Co. v. Gomez
  125 F. Supp. 2d 492· S.D. Fla.· 2000-12-19 ·cited 9×
  The court denied Amoco's motion for summary judgment on its breach of contract claims, finding genuine issues of material fact regarding Gomez's affirmative defenses. The court granted in part Amoco's motion for summary judgment on Gomez's counterclaims, rejecting the duress and
• In re Rigden v. Aldrich
  795 F.2d 727· 9th Cir.· 1986-07-24 ·cited 9×
  The court held that the standard of care for bankruptcy trustees in corporate debtor cases should be the deferential business judgment rule, analogous to nonbankruptcy management.
• The Waldinger Corp. v. CRS Grp. Eng'rs, Inc.
  775 F.2d 781· 7th Cir.· 1985-10-14 ·cited 9×
  The court held that Ashbrook should be held accountable to Waldinger under the terms of their contract, disagreeing with the district court's finding of commercial impracticability.
• Patch v. Solar Corp.
  149 F.2d 558· 7th Cir.· 1945-05-29 ·cited 9×
  The court held that the government ban on manufacturing washing machines frustrated the exclusive license agreement, excusing performance and preventing cancellation.
• Okeechobee Cnty. v. Nuveen
  145 F.2d 684· 5th Cir.· 1944-11-18 ·cited 9×
• Mailloux v. Briella Townhomes, LLC
  3 So. 3d 394· Fla. 4th DCA· 2009-02-04 ·cited 8×
  The court held that contract provisions for delays due to acts of God, impossibility, or frustration of purpose do not render the developer's obligation to complete construction within two years illusory under ILSA, and that Florida Statute section 689.261 does not provide a priv
• Newman v. Newman
  766 So. 2d 1091· Fla. 5th DCA· 2000-07-28 ·cited 8×
  Arthur Newman III appealed orders dismissing his challenge to his father's 1962 will and determining that his stepmother's estate was the sole beneficiary despite her death before estate distribution. The court affirmed, finding Arthur lacked standing to contest the will and that
• Fed. Deposit Ins. Corp. v. Caledonia Inv. Corp.
  862 F.2d 378· 1st Cir.· 1988-11-23 ·cited 8×
  The court held that proper notice of default and acceleration was given, and the FDIC is protected from affirmative defenses by 12 U.S.C. § 1823(e).
• Conn. Res. Recovery Auth. v. Occidental Petroleum Corp.
  705 F.2d 31· 2d Cir.· 1983-04-06 ·cited 8×
  The court held that a request for injunctive enforcement of a contract's status quo provision pending arbitration requires a demonstration of supporting equitable factors, such as the absence of an adequate remedy at law or a danger of irreparable harm.
• Miller v. The City OF Broken Arrow
  660 F.2d 450· 10th Cir.· 1981-09-22 ·cited 8×
  The court held that the trial court properly found Miller was excused from performance due to impossibility and that Engineers breached their contract with the City by failing to provide adequate instructions and support to Miller. The court affirmed Miller's judgment against the
• Farmers & Bankers Life Ins. Co. v. ST. Regis Paper Co.
  456 F.2d 347· 5th Cir.· 1972-02-01 ·cited 8×
  The court held that the jury should not have been instructed to presume the lessor would rebuild the destroyed premises when calculating damages for anticipatory breach of the lease.
• United States for the Use of Acme Granite & Tile Co. v. F. D. Rich Co.
  437 F.2d 549· 9th Cir.· 1970-12-28 ·cited 8×
  The court held that the district court abused its discretion by denying a motion to substitute the dissolved corporation's stockholders as parties and that the judgment notwithstanding the verdict was improper.
• TRI PAR Land Dev. Corp. v. Henthorn
  241 So. 2d 429· Fla. 2d DCA· 1970-12-04 ·cited 8×
  Tri Par Land Development Corporation appealed a judgment requiring it to comply with land covenants. On this second appeal, the court affirmed the trial court's decision, holding that the covenants were enforceable and that there was no legal impossibility of performance.
• Pan Am. Realty Tr. v. Twenty ONE Kings, Inc.
  408 F.2d 937· 3d Cir.· 1969-03-24 ·cited 8×
  The court held that the defendant's failure to secure a mortgage commitment and subsequent cancellation of the contract constituted a total breach, entitling the plaintiffs to recover for services rendered and expenses incurred on a quantum meruit basis.
• Spartans Indus., Inc. v. John Pilling Shoe Co.
  385 F.2d 495· 1st Cir.· 1967-07-18 ·cited 8×
  The court held that a purchaser exercising an option under a contract must be able to perform their obligations, and that the contract's timing provisions did not create an insurmountable impossibility of performance for the purchaser.
• ACE Constr. Co. v. W. H. Nichols & Co., Inc.
  353 F.2d 110· 10th Cir.· 1965-11-30 ·cited 8×
  The court held that the prime contractor's reliance on government acceptance of materials was not a defense against the subcontractor's claim of impossibility due to non-conforming subgrade materials.
• Reg'l Enters., Inc. v. Teachers Ins. & Annuity Ass'n OF Am.
  352 F.2d 768· 9th Cir.· 1965-10-26 ·cited 8×
  The court held that the inter-office memorandum and cover letter did not constitute a repudiation or imposition of impossible conditions, and thus the deposit was forfeitable under the contract.
• Aratani v. Kennedy
  323 F.2d 427· D.C. Cir.· 1963-07-18 ·cited 8×
  The court denied appellants' motion for leave to file a petition to amend and modify a prior opinion and judgment, as no new aspects warranting such action were presented.
• Mfrs. Tr. Co. v. Kennedy
  291 F.2d 460· 2d Cir.· 1961-06-14 ·cited 8×
  The court held that plaintiffs failed to establish beneficial ownership of the vested funds, as required by the Trading with the Enemy Act, and affirmed the lower court's judgment.
• City OF Albertville v. United States Fid. & Guar. Co.
  272 F.2d 594· 5th Cir.· 1959-12-07 ·cited 8×
  The court held that the contractor assumed the risk of delay due to unforeseen difficulties, and the trial court erred in not granting the defendant's motion for a directed verdict.
• Fast, Inc. v. Shaner
  181 F.2d 937· 3d Cir.· 1950-04-28 ·cited 8×
  The appeal is dismissed because the lower court's opinion was not docketed as an order, thus preventing proper notice and appeal.
• Fleischman v. United States
  174 F.2d 519· D.C. Cir.· 1949-04-08 ·cited 8×
  The court held that a jury instruction stating a quorum was present as a matter of law was erroneous, and that a defendant cannot be convicted of willful default if compliance with the summons was impossible.
• In re Oscar Nebel Co. v. Freeman
  117 F.2d 326· 3d Cir.· 1941-01-24 ·cited 8×
  The court held that the buyer's substantial breach justified the seller's retention of liquidated damages, and the buyer could not recover payments made.
• Home Devco/Tivoli Isles LLC v. Silver
  26 So. 3d 718· Fla. 4th DCA· 2010-02-10 ·cited 7×
  Home Devco appeals a summary judgment ordering rescission of a real estate contract and return of a construction deposit due to alleged violation of the Interstate Land Sales Full Disclosure Act (ILSA). The court reverses, holding that Home Devco was exempt from ILSA's disclosure
• Gentry v. Harborage Cottages-Stuart, LLLP
  602 F. Supp. 2d 1239· S.D. Fla.· 2009-02-13 ·cited 7×
  The court held that the seller's use of separate purchase agreements, one waiving specific performance and the other not, constituted a method of disposition adopted for the purpose of evading the ILSFDA, thus forfeiting all exemptions. The court also found that certain plaintiff
• Santiago v. Sunset Cove Invs., Inc.
  988 So. 2d 10· Fla. 2d DCA· 2008-02-01 ·cited 7×
  Santiago appeals an order enforcing a final judgment requiring him to convey real property to Sunset Cove Investments, Inc. However, Santiago had already conveyed the property to a third party, Chris P. Tsokos, who was not a party to the lawsuit and thus not bound by the judgment
• State of Fla. & Clerk of the Cir. Court v. Sunshine State Bail Bonds, Inc.
  967 So. 2d 1084· Fla. 2d DCA· 2007-11-09 ·cited 7×
  A circuit court cannot order remission of a bond forfeiture for reasons not specified in section 903.28, Florida Statutes, even if the defendant dies before apprehension.
• Curlycan Bail Bonds, Inc. v. State
  933 So. 2d 122· Fla. 3d DCA· 2006-06-07 ·cited 7×
  A bail bond surety appeals the denial of its motion to remit forfeiture of a $250,000 bond posted for a defendant who fled to Venezuela and could not be extradited. The court affirms, holding that the surety cannot invoke impossibility of performance because the defendant's volun
• Walter T. Embry, Inc. v. LaSALLE Nat'l Bank
  792 So. 2d 567· Fla. 4th DCA· 2001-07-18 ·cited 7×
  The court held that the summary judgment for foreclosure of the leasehold interest was improper because the issue of impossibility of performance presented a genuine issue of material fact. The mortgage foreclosure was affirmed.
• United States v. Grayson
  879 F.2d 620· 9th Cir.· 1989-07-06 ·cited 7×
  The court held that the Graysons failed to raise genuine issues of material fact to defeat summary judgment, as their defenses and counterclaims were unsupported by evidence or contrary to the loan agreement and applicable law.
• Seattle Totems Hockey Club, Inc. v. The Nat'l Hockey League
  783 F.2d 1347· 9th Cir.· 1986-02-28 ·cited 7×
  The court held that the Totems failed to establish antitrust injury from the NHL's denial of a franchise or opportunity to join the WHA, and that Northwest Sports could recover under the 1972 agreement for player development costs, but the 1974 agreement was effective upon the an
• Holly Hill Fruit Prods. Co., Inc. v. BOB Staton, Inc.
  275 So. 2d 583· Fla. 2d DCA· 1973-01-31 ·cited 7×
  The court held that the Commissioner erred in failing to award agreed-upon interest on advances, but substantial evidence supported the finding of impossibility of performance for the orange delivery contract.
• Marathon Sunsets, Inc. v. Coldiron
  189 So. 3d 235· Fla. 3d DCA· 2016-03-16 ·cited 6×
  Marathon Sunsets, Inc. and neighbors appealed a trial court decision regarding deed restrictions on property in Marathon, Florida. The appellate court affirmed the finding that a Tiki Hut bar did not violate restaurant-use restrictions but reversed the injunction ordering reconst
• League of Women Voters of Fla. v. Browning
  575 F. Supp. 2d 1298· S.D. Fla.· 2008-08-06 ·cited 6×
  The court granted plaintiffs' motion for a preliminary injunction, finding that the Amended Law likely violates the First Amendment by chilling protected speech and association.
• The Opera Co. OF Boston, Inc. v. The Wolf Trap Found. FOR the Performing Arts
  817 F.2d 1094· 4th Cir.· 1987-05-04 ·cited 6×
  The court should affirm the trial court's decision because performance was not impossible, as power failures were foreseeable and preventable with reasonable measures.
• Recon/Optical, Inc. v. Gov't OF Israel
  816 F.2d 854· 2d Cir.· 1987-04-17 ·cited 6×
  The court affirmed the denial of a preliminary injunction, holding that the appellant had no chance of success on the merits in enjoining a letter of credit drawdown.
• Ivaran Lines, Inc. v. Mauricio Waicman & Allstate Ins. Co.
  461 So. 2d 123· Fla. 3d DCA· 1984-10-23 ·cited 6×
  Ivaran Lines and Farovi Shipping appealed a summary judgment finding them liable for negligence per se under Florida Statute 319.36 for shipping a stolen Rolls Royce without a certificate of right of possession. The court reversed, holding that violation of a statute is excused w
• The Wooster Sch. Corp. v. Hammerer
  410 So. 2d 524· Fla. 4th DCA· 1982-01-13 ·cited 6×
  The court held that where a third party's volitional act makes performance of a condition precedent to a testamentary gift impossible, the condition is excused, and the gift vests, especially when the testator's intent was to benefit the donee.
• Huntington Beach Union High Sch. Dist. v. Cont'l Info. Sys. Corp.
  621 F.2d 353· 9th Cir.· 1980-06-19 ·cited 6×
  The court held that the School District's actions in delaying acceptance of a second-best offer were reasonable, entitling them to the full difference between the contract price and their actual cover price. The court also affirmed the award of consequential damages.
• Fred Lowenschuss for Fred Lowenschuss Assocs. Pension Plan v. C.G. Bluhdorn
  613 F.2d 18· 2d Cir.· 1980-01-09 ·cited 6×
  The court affirmed the district court's approval of a settlement, finding no abuse of discretion, and also affirmed orders disqualifying the class representative and denying motions to add defendants and disqualify counsel.
• United States v. Cesario Guevara-Martinez
  597 F.2d 954· 5th Cir.· 1979-06-28 ·cited 6×
  The court held that the INS's actions and administrative errors created an ambiguity in the probation condition, making it impossible for the defendant to comply, and thus the interests of justice required reconsideration of the probation revocation.
• 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
• Fisch v. Burton Radoff
  353 So. 2d 160· Fla. 3d DCA· 1977-11-29 ·cited 6×
  A real estate broker appealed a directed verdict dismissing his breach of contract claim against a hotel owner and corporation for wrongfully canceling an exclusive listing agreement. The Florida appellate court reversed, finding sufficient evidence to support a jury verdict and
• Frankel v. Bernstein
  334 So. 2d 37· Fla. 3d DCA· 1976-03-23 ·cited 6×
  The court held that a lease intended solely for the lessee's personal residence is terminated by the lessee's death, even if the death occurs before the lease term begins, rendering performance impossible.
• City OF Miami Beach v. Championship Sports, Inc.
  200 So. 2d 583· Fla. 3d DCA· 1967-06-13 ·cited 6×
  The City of Miami Beach appeals a directed verdict in favor of lessee Championship Sports, Inc., which had rented the Convention Hall for a heavyweight boxing match. The court reversed, holding that Championship Sports cannot escape its rent obligation under the lease merely beca
• Norfolk Dredging Co. v. The United States
  360 F.2d 619· Ct. Cl.· 1966-05-13 ·cited 6×
  The court held that the plaintiff's use of a floating pipeline did not constitute a changed condition under the contract, as the specifications allowed for flexibility in placement methods and did not prohibit such a device. The court also found that the Board of Contract Appeals
• Powers v. Gilmour
  297 F.2d 138· 5th Cir.· 1961-12-13 ·cited 6×
  The court held that a subcontractor is not liable for breach of contract when a labor dispute, not caused by the subcontractor, renders performance impossible through no fault of their own, and the contract's termination clause does not apply to such external disputes.