Intent To Be Bound

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

• Reprosystem v. SCM Corp.
  727 F.2d 257· 2d Cir.· 1984-02-02 ·cited 34×
  The court held that no contract existed because the parties intended not to be bound until a formal written agreement was executed, and no such agreement was ever signed. Consequently, claims for breach of contract, unjust enrichment, and breach of duty to negotiate in good faith
• Lifecare Int'l v. CD Med., Inc.
  68 F.3d 429· 11th Cir.· 1995-11-07 ·cited 33×
  CD Medical challenged an arbitration award in favor of Lifecare International on two grounds: that arbitrator Craig Stein was biased due to nondisclosures, and that the award was arbitrary and capricious. The Eleventh Circuit affirmed the district court's confirmation of the awar
• V'Soske v. Barwick
  404 F.2d 495· 2d Cir.· 1968-11-08 ·cited 33×
  The dissenting judge would affirm the judgment, finding that the parties did not intend to be bound until a written agreement was executed due to numerous unresolved material issues.
• R.G. Grp., Inc. v. The Horn & Hardart Co.
  751 F.2d 69· 2d Cir.· 1984-12-11 ·cited 26×
  The court held that no binding contract was formed because the parties intended to be bound only by a written agreement, and that even if an oral agreement existed, it was barred by the Statute of Frauds.
• Lambert Corp. v. Evans
  575 F.2d 132· 7th Cir.· 1978-04-20 ·cited 26×
  The court held that an enforceable contract for the sale of a product line was formed, but reversed the award for the full inventory cost, remanding for a determination of good faith use of the inventory.
• The Hous. Auth. OF the City OF Fort Pierce v. Foster
  237 So. 2d 569· Fla. 4th DCA· 1970-05-27 ·cited 25×
  The Housing Authority of Fort Pierce awarded a contract to construct two housing projects to a joint venture of builders after competitive bidding, then refused to execute a formal written contract for one project, claiming no binding contract existed absent written documentation
• Banking & Trading Corp. v. Floete
  257 F.2d 765· 2d Cir.· 1958-07-09 ·cited 24×
  The court held that the parties did not enter into a binding contract because RDC manifested an intent not to be bound until a fully integrated contract was executed, and this intent was communicated to the plaintiff's agent.
• United Steelworkers OF Am. v. CCI Corp.
  395 F.2d 529· 10th Cir.· 1968-04-25 ·cited 22×
  The court held that a binding verbal collective bargaining agreement existed and was breached by the union, and that the damages awarded were properly calculated.
• Dickinson v. Auto Ctr. Mfg. Co. & John W. McLeod
  733 F.2d 1092· 5th Cir.· 1983-02-28 ·cited 21×
  The court held that the statute of frauds and McLeod's authority defenses were barred by the law of the case principle, but reversed the grant of summary judgment on the issue of consideration, and reversed the denial of a directed verdict regarding McLeod's individual liability.
• Mech. Wholesale, Inc. v. Universal-Rundle Corp.
  432 F.2d 228· 5th Cir.· 1970-09-22 ·cited 20×
  The court held that there was sufficient evidence for the jury to find that a contract was formed and that the defendant's agents had apparent authority to bind the company, and that the damages awarded were not excessive.
• Leach v. Crucible Ctr. Co.
  388 F.2d 176· 1st Cir.· 1968-01-22 ·cited 20×
  The court held that the writings were sufficient to satisfy the Statute of Frauds and that the agent had actual authority to bind the seller.
• M.T. Bonk Co. & Mark T. Bonk v. Milton Bradley Co. & Hasbro, Inc.
  945 F.2d 1404· 7th Cir.· 1991-10-16 ·cited 16×
  The court held that the trial court did not err in denying the motion for a new trial, limiting witness examination, or awarding costs, as the jury verdict was supported by evidence and procedural rulings were not abuses of discretion.
• Doll v. Grand Union Co.
  925 F.2d 1363· 11th Cir.· 1991-03-11 ·cited 14×
  The court held that preliminary discussions and conditional statements of intent do not create a binding agreement to lease, and reliance on such statements is unreasonable when the parties explicitly condition final agreement on the execution of a formal lease document.
• Bldg. Mart, Inc. v. Allison Steel Mfg. Co.
  380 F.2d 196· 10th Cir.· 1967-07-12 ·cited 12×
  The court held that summary judgment was not warranted because there was evidence from which a jury could find that the parties had entered into a valid subcontract, and the question of intent to be bound was a factual issue inappropriate for summary resolution.
• White Constr. Co. v. Martin Marietta Materials, Inc.
  633 F. Supp. 2d 1302· M.D. Fla.· 2009-04-07 ·cited 11×
  The court held that the defendants' motion for summary judgment should be granted in part and denied in part, finding that genuine issues of material fact existed regarding certain claims.
• The Citizens Bank OF Perry v. Harlie Lynch Constr. Co., Inc.
  426 So. 2d 52· Fla. 1st DCA· 1983-01-04 ·cited 11×
  Citizens Bank appealed a summary judgment awarding Lynch damages for breach of contract after the Bank rejected Lynch's accepted bid for a construction project. The court affirmed, finding that the invitation to bid, Lynch's offer, and the Bank's acceptance created a binding cont
• The Kan. Power & Light Co. v. Burlington N. R.R. Co.
  740 F.2d 780· 10th Cir.· 1984-07-23 ·cited 10×
  The court held that a contract for coal transportation rates could have been formed between KPL and BN, and that such a contract was not illegal per se under the statutory framework existing in 1972, especially considering the Staggers Rail Act of 1980.
• United States v. Bedford Assocs.
  657 F.2d 1300· 2d Cir.· 1981-03-31 ·cited 10×
  The majority holds that a valid contract was formed despite unresolved material terms and the parties' apparent lack of intent to be bound, by applying federal common law.
• Lake City Stevedores, Inc. v. E. W. Shipping Agencies, Inc.
  474 F.2d 1060· 5th Cir.· 1973-03-05 ·cited 10×
  An agent for a disclosed principal is not personally liable on a contract unless they clearly indicate an intent to be bound. East West Shipping Agencies, Inc. did not clearly indicate such intent.
• Orbit Constr. Co. v. Trail Dev. Corp.
  198 So. 2d 341· Fla. 2d DCA· 1967-05-05 ·cited 10×
  An agreement to enter into a written construction contract at a later date, subject to financing, is unenforceable for want of mutuality and definiteness.
• Arcadian Phosphates, Inc. v. Arcadian Corp.
  884 F.2d 69· 2d Cir.· 1989-09-01 ·cited 9×
  The court held that the memorandum was not a binding contract because its language indicated no intent to be bound before a final agreement. However, summary judgment was inappropriate for the promissory estoppel claim.
• Kaye v. MacAri Bldg. & Design, Inc.
  967 So. 2d 1112· Fla. 4th DCA· 2007-11-14 ·cited 8×
  In this appeal, the Fourth District Court of Appeal reversed a trial court's denial of a motion to compel arbitration, holding that the parties' contract properly incorporated by reference the AIA Document No. A-201, which contained a valid arbitration clause. The court found cle
• GEL Sys. Inc. v. Hyundai Eng'g & Constr. Co., Inc.
  902 F.2d 1024· 1st Cir.· 1990-05-08 ·cited 8×
  The court held that the letter of intent, which contemplated further discussions and was subject to conditions, did not create a binding contract because material terms had not been agreed upon.
• Int'l Telemeter Corp. v. Teleprompter Corp.
  592 F.2d 49· 2d Cir.· 1979-01-15 ·cited 8×
  The court held that parties manifesting an intention to be bound by a signed contract require clear proof to show they intended to be bound before signing.
• Arnold Palmer Golf Co. v. Fuqua Indus., Inc.
  541 F.2d 584· 6th Cir.· 1976-08-31 ·cited 8×
  The court held that the district court erred in granting summary judgment, as the parties' intent to be bound by the Memorandum of Intent presented a factual issue for trial.
• Buck-Leiter Palm Ave. Dev., LLC v. City OF Sarasota
  212 So. 3d 1078· Fla. 2d DCA· 2017-03-03 ·cited 6×
  Buck-Leiter Palm Avenue Development appealed summary judgment dismissing its breach of contract claim against the City of Sarasota. The court reversed, holding that the Initial Redevelopment Agreement (IRA) contained sufficient essential terms and evidence of binding intent to su
• MCG Fin. Servs., L.L.C. v. Technogroup, Inc.
  149 So. 3d 118· Fla. 4th DCA· 2014-09-24 ·cited 6×
  MCG Financial Services and Joel Mason won a breach of contract and fraud lawsuit brought by Technogroup, but were denied attorney's fees despite a contractual provision allowing them because the trial court found they were not parties to the contract. The appellate court reversed
• Knight v. Rasool S. Sharif
  875 F.2d 516· 5th Cir.· 1989-06-19 ·cited 6×
  The court held that the letters of intent did not constitute a binding contract, and affirmed the magistrate's grant of summary judgment. It also affirmed in part and remanded in part the denial of Rule 11 sanctions.
• Kisco Co., Inc. v. Verson Allsteel Press Co.
  738 F.2d 290· 8th Cir.· 1984-06-29 ·cited 6×
  The court affirmed the district court's judgment on contract and quasi-contract issues but remanded for further consideration of prejudgment interest.
• In re Abc-Federal OIL & Burner Co., Inc.
  290 F.2d 886· 3d Cir.· 1961-04-07 ·cited 6×
  The court held that no binding contract was formed because essential terms remained unresolved, but the bankrupt estate was entitled to restitution for improvements made to the other party's property.
• Cont'l Cablevision OF NEW England, Inc. v. United Broad. Co.
  873 F.2d 717· 4th Cir.· 1989-04-27 ·cited 5×
  The court holds that the right of first refusal is valid because it was exercised within a reasonable period, not exceeding the Rule Against Perpetuities.
• In re Est. of Berry L. Ingram v. Byrl D. Ingram
  302 So. 2d 204· Fla. 2d DCA· 1974-10-30 ·cited 4×
  The court held that the wife's delivery of the separation agreement to her attorney with instructions to hold it did not constitute valid delivery to the deceased husband, and thus the agreement was not binding.
• DELTA Elec. Contractors, Inc. v. McDEVITT & St. Co.
  262 So. 2d 226· Fla. 2d DCA· 1972-05-19 ·cited 4×
  The court held that whether a contract was formed was a question of fact, not resolvable by summary judgment.
• Lizza & Sons, Inc. v. D'Onfro
  282 F.2d 175· 1st Cir.· 1960-08-18 ·cited 4×
  The court held that no contract was formed between the parties, and therefore the surety was not liable on its performance bond.
• Validsa, Inc. v. Pdvsa Servs. Inc.
  632 F. Supp. 2d 1219· S.D. Fla.· 2009-07-10 ·cited 3×
  The court held that Defendants breached contracts by failing to pay for accepted goods and anticipatorily repudiated other contracts by failing to provide adequate assurances of performance.
• Ortega Travel Servs., Inc. v. Pearson
  765 So. 2d 931· Fla. 1st DCA· 2000-08-30 ·cited 2×
  Rafael Ortega and Ortega Travel Services, Inc. appeal a declaratory judgment finding a partnership existed with Gary Pearson and a summary judgment awarding Pearson damages for usurpation of partnership opportunity. The court affirmed the partnership finding but reversed the summ
• JIM Bouton Corp. v. WM. Wrigley JR. Co.
  902 F.2d 1074· 2d Cir.· 1990-05-03 ·cited 2×
  The court held that the parties did not intend to be bound by an oral agreement and subsequent correspondence, as they contemplated a formal written agreement, and thus the original contract was not modified.
• Jungmann v. ST. Regis Paper Co.
  682 F.2d 195· 8th Cir.· 1982-07-06 ·cited 2×
  The court held that the trial court did not err in finding no clear and definite oral agreement existed, thus the statute of frauds applied and promissory estoppel was not established.
• Consarc Corp. v. Marine Midland Bank, N.A.
  996 F.2d 568· 2d Cir.· 1993-06-14 ·cited 1×
  The court held that the district court erred in granting summary judgment because genuine issues of material fact exist regarding whether a binding contract was formed, either through a series of writings or an oral agreement.
• Craig R. Weiner Assocs., Inc. v. Sherden
  444 So. 2d 431· Fla. 4th DCA· 1983-11-02 ·cited 1×
  Craig Weiner Associates sought to enforce a letter regarding the purchase of a shopping center as a binding contract under the Florida Statute of Frauds. The trial court granted summary judgment finding the letter insufficient under the Statute of Frauds because it failed to incl
• Slopeside Manager, LLC v. State of Del.
  Del. Super. Ct.· 2025-10-30
  The Court denied the motion for judgment on the pleadings and the motion to stay discovery, finding that material issues of fact exist regarding the enforceability of the purported settlement agreements. Specifically, the court found factual disputes concerning whether an offer w
• Shilling
  Del.· 2024-12-04
  The Delaware Supreme Court reversed the Family Court's judgment, holding that the parties' email exchanges constituted an enforceable contract for the sale of the ex-wife's interest in the Dover Property. The Court found that the parties manifested intent to be bound, that the ma
• Nat'l Legal Staffing Support, LLC v. Macy D, Hanson & The Law Off. of Macy D. Hanson, PLLC
  Fla. 4th DCA· 2024-02-28
  A non-signatory attorney is not bound by the substantive confidentiality and non-dissemination provisions of his clients' settlement agreement where the attorney did not sign the agreement, was not named as a party, and did not manifest consent to be bound through affirmative con
• Clevenger v. Insight Bldg. Co., LLC
  Del. Ch.· 2023-12-20
  The Court of Chancery lacks subject matter jurisdiction over a petition seeking reformation of a contract because a sufficient remedy is available through a declaratory judgment in the Superior Court. Furthermore, the petition fails to adequately plead the elements required for r
• Clymer v. DeGIROLANO
  Del. Ch.· 2023-03-22
  The Court of Chancery found that the Agreement between the parties constituted an enforceable license to use the property, not a contract for the sale of real property, due to a lack of definite terms. The Court further held that the license was revoked by the matriarch in 2001,
• Selena E. Molina Master in Chancery
  Del. Ch.· 2023-02-01
  The Court of Chancery granted the Plaintiff's motion to enforce a settlement agreement, finding that the parties had reached a binding agreement on all material terms at mediation. Despite the Defendant's argument that her acceptance was conditioned on signing the final written d
• White v. Russell
  Del. Ch.· 2023-01-05
  The Court of Chancery recommends granting the Buyer's motion for summary judgment and denying the Sellers' motion. The Court found that a valid and enforceable contract existed between the parties, that the Sellers' performance was not excused, and that the Buyer was entitled to
• Med-X Global, LLC v. SunMed Int'l, LLC
  S.D. Fla.· 2022-02-01
  The court held that SunMed's motion for summary judgment was premature because the non-moving party, Med-X, had not yet had an adequate opportunity to conduct discovery.
• 14 AP 56 Opinion
  9th Cir. Ct. App. Div.· 2018-10-03
  This consolidated appeal of 31 DUI cases addresses whether trial courts properly ordered the State to produce source code and software for the Intoxilyzer 8000 breath-testing device. The Ninth Circuit reversed, finding the trial court violated due process by ordering production o
• Jackson v. Nocks
  Del. Ch.· 2018-04-24
  The appellate court affirmed the trial court's denial of specific performance and contract-based claims, but upheld the award of damages under the doctrine of unjust enrichment. The court found that while the parties did not form a legally recognized partnership or an enforceable