Impossibility Of Performance

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

• Piasecki Aircraft Corp. v. The United States
  667 F.2d 50· Ct. Cl.· 1981-12-02
  The court affirmed the trial judge's denial of the plaintiff's claim for conversion of a default termination to a termination for convenience, and affirmed the grant of the defendant's counterclaim for progress payments, but reversed on the issue of interest on those payments.
• Omni Inv. Corp. v. Cordon Int'l Corp.
  603 F.2d 81· 9th Cir.· 1979-08-23
  The court held that a party cannot avoid liability by preventing the fulfillment of a condition precedent through their own voluntary act, and that the district court correctly enforced the settlement agreement.
• Consol. Molded Prods. Corp. v. The United States
  600 F.2d 793· Ct. Cl.· 1979-06-15
  The court affirmed the Board's denial of the plaintiff's claim, holding that a short-term unavailability of materials due to an energy crisis did not render the contract impossible to perform and that the 'Default' clause provided the exclusive remedy.
• Osceola Farms Co. v. Wilder Bros. Farms, Inc.
  364 So. 2d 43· Fla. 4th DCA· 1978-10-25
  A contract for sugar cane grinding tied to pricing formulas under the expired 1948 U.S. Sugar Act became unenforceable when the Act expired in 1966, and subsequent negotiations did not create an implied contract.
• Monta Sue Troutman v. State Farm Fire & Cas. Co.
  570 F.2d 658· 6th Cir.· 1978-02-28
  Federal courts in diversity cases must apply the law of the state as pronounced by its highest court, even if the court believes another jurisdiction's law is better.
• Grady-Gould Watershed Improvement Dist. of Jefferson v. Transamerica Ins. Co.
  570 F.2d 720· 8th Cir.· 1978-02-09
  The court held that the failure to provide notice of inspection was waived by the contractor's subsequent admissions and actions, and that the limitations period began when the contractor's obligation to perform truly ceased.
• Gulf W. Precision Eng'g Co. v. The United States
  543 F.2d 125· Ct. Cl.· 1976-10-20
  The court held that the plaintiff assumed the risk of not meeting performance specifications when it deviated from advisory specifications, and therefore is not entitled to recover costs for rejected preproduction models.
• United States v. Gen. Douglas MacARTHUR Senior Vill., Inc.
  508 F.2d 377· 2d Cir.· 1974-11-11
  The court held that the New York Real Property Tax Law does not imply a warranty of priority for tax liens sold by municipalities, and common law doctrines of impossibility or frustration of purpose do not apply to excuse the purchaser's loss from a superior federal mortgage.
• La Gasse Pool Constr. Co. v. City OF Fort Lauderdale
  288 So. 2d 273· Fla. 4th DCA· 1974-01-18
  La Gasse Pool Construction sued the City of Fort Lauderdale for compensation to redo pool renovation work that was damaged by vandalism overnight during the contract period. The court held that a contractor bears the loss when work is damaged during repairs to an existing structu
• Keating-Meredith Props., Inc. v. Gen. Fin. Sys., Inc.
  279 So. 2d 313· Fla. 4th DCA· 1973-06-20
  A real estate broker claimed a commission on the sale of land subject to an option agreement. The trial court awarded a commission calculated on a reduced purchase price that excluded the value of land taken by the state through eminent domain. The appellate court reversed, holdi
• Glasel v. Jones
  36 Fla. Supp. 74· Okeechobee Cty. Cir. Ct.· 1971-09-14
  In this bench trial involving oil and gas royalty interests in Florida real property, the court determined that mineral royalty interests conveyed by Consolidated Naval Stores Company are non-possessory royalty interests incapable of partition, and that the sellers (Jones) fulfil
• 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.
• Brangier v. Rosenthal
  337 F.2d 952· 9th Cir.· 1964-11-02
  The court held that the appellant breached the contract by wrongfully cancelling the agreement, as performance was not impossible and the appellee had substantially complied with the terms.
• Williams Grain Co., Inc. v. Leval & Co.
  277 F.2d 213· 8th Cir.· 1960-04-29
  The court held that foreseeable difficulties and avoidable issues do not excuse a breach of contract under the doctrines of impossibility or business frustration.
• Purcell v. Rothman
  99 So. 2d 631· Fla. 3d DCA· 1958-01-13
  In this specific performance and damages case, the court addressed whether jurisdiction obtained over a non-resident defendant through substituted service in an equity suit for specific performance could support a money judgment for breach of contract. The court affirmed the deni
• Sherwood v. Will
  6 Fla. Supp. 86· Palm Beach Cty. Cir. Ct.· 1954-07-02
  A pasture lessee sued for breach of contract when the lessor failed to maintain adequate drainage and water table levels as promised, causing flooding that rendered the pasture unsuitable for cattle. The court found a breach of contract but limited damages to $10,000, rejecting b
• Stirk v. Mut. Life Ins. Co. of N.Y.
  199 F.2d 874· 10th Cir.· 1952-10-22
  The court held that the beneficiary had the burden to prove that the insured's death resulted from accidental means evidenced by a visible external wound or contusion, as this was part of the risk assumed, not an exception to coverage.
• United States
  146 F.2d 379· 5th Cir.· 1944-12-18
  A party's continued use of leased equipment after purporting to terminate the lease, even if influenced by a third party's order, does not relieve them of liability for rent or damages for failure to redeliver.
• Benedictus v. Sundstrand Mach. Tool Co.
  138 F.2d 504· 7th Cir.· 1943-10-30
  A motion to dismiss for failure to state a cause of action should not be sustained unless the complaint must ultimately be dismissed.
• King Features Syndicate, Inc. v. Valley Broad. Co., Inc.
  133 F.2d 127· 5th Cir.· 1943-01-27
  The court held that the provision excusing performance when impracticable applied to the defendants, relieving them from performance due to government regulations made pursuant to the Havana Treaty.
• 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