Oral Contract Enforceability

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

• Carola D. Allen v. Est. of Ellen C. Dutton
  384 So. 2d 171· Fla. 5th DCA· 1980-05-07 ·cited 170×
  Allen, a stepdaughter and beneficiary of a family trust, claimed that her deceased stepmother Ellen breached an oral contract not to revoke her will. The court held that oral contracts not to revoke a will must be in writing under Florida law, and reversed the trial court's award
• Ronbeck Constr. Co., Inc. v. Savanna Club Corp. & Savanna Club Realty Inc.
  592 So. 2d 344· Fla. 4th DCA· 1992-01-08 ·cited 133×
  A construction dispute between a general contractor and owner over unpaid sums under an AIA form construction contract containing an arbitration clause. The trial court denied arbitration based on criminal activity allegations, but the appellate court held that fraud, civil theft
• Cornwell Quality Tools Co. v. C. T. S. Co., Inc.
  446 F.2d 825· 9th Cir.· 1971-06-24 ·cited 67×
  The court held that the district court erred in directing verdicts on the contract and most antitrust claims, as sufficient evidence existed to present these issues to a jury, but affirmed the directed verdict on one antitrust claim and the taxation of costs.
• Sunbeam Enters., Inc. v. Mr. and Mrs. Walter Upthegrove
  316 So. 2d 34· Fla.· 1975-07-16 ·cited 40×
  Section 713.29 of the Florida Statutes does not expressly authorize the award of attorney fees to the prevailing party on appeal in mechanics' lien actions; therefore, such fees may not be awarded absent specific statutory language, as attorney fee statutes are in derogation of c
• Harvey v. Fearless Farris Wholesale, Inc.
  589 F.2d 451· 9th Cir.· 1979-01-10 ·cited 32×
  The court held that a conspiracy under the Sherman Act requires more than formal corporate separation when one individual controls all entities, and that an oral agreement lacked mutuality of obligation, thus failing as an enforceable contract under the UCC.
• Cmty. Design Corp. v. Antonell
  459 So. 2d 343· Fla. 3d DCA· 1984-10-23 ·cited 31×
  Community Design Corporation appeals a judgment awarding an employee, Joseph Antonell, a promised bonus and paid vacation for completing architectural drawings by Christmas 1980. The court affirmed the judgment, holding that the oral contract was sufficiently definite to enforce
• Khawly v. Evelyne Reboul and Jean Claude Reboul
  488 So. 2d 856· Fla. 3d DCA· 1986-05-06 ·cited 29×
  The Rebouls sued Khawly, Bodne, and Richard for breach of an oral contract to form a retail sportswear corporation in which the Rebouls would own a controlling interest. The court held that the oral agreement fell within Florida's statute of frauds because the parties intended th
• Allied Equip. Co. v. Weber Engineered Prods.
  237 F.2d 879· 4th Cir.· 1956-10-01 ·cited 27×
  A distributorship agreement, even if oral and lacking specific terms, is enforceable for a reasonable period if the distributor expends funds in reliance on the agreement with the principal's knowledge, entitling the distributor to damages for premature termination without suffic
• Mercer v. C. A. Roberts Co.
  570 F.2d 1232· 5th Cir.· 1978-04-06 ·cited 26×
  The court should reverse the district court's denial of relief to plaintiff Mercer, as the Texas statute of frauds does not bar his claim for earned compensation.
• Gindorff v. Prince
  189 F.2d 897· 2d Cir.· 1951-06-04 ·cited 26×
  The court held that the trial court's findings were clearly erroneous, reversing the judgment for services rendered because neither an express contract nor an agreement to pay for services was proven by credible evidence.
• Lynkus Commc'ns, Inc. v. Webmd Corp.
  965 So. 2d 1161· Fla. 2d DCA· 2007-08-15 ·cited 25×
  LynkUs Communications sued WebMD, Medical Manager, and an officer for breach of an alleged oral agreement to provide wireless communications services, asserting claims for fraud, negligent misrepresentation, promissory estoppel, quantum meruit, and account stated. The trial court
• Nat'l Indep. Theatre Exhibitors, Inc. v. Charter Fin. Grp., Inc.
  747 F.2d 1396· 11th Cir.· 1984-12-05 ·cited 25×
  The court affirmed the district court's rulings, finding no reversible error in the directed verdicts, jury instructions, or denial of leave to amend the complaint.
• Av-Med, Inc. v. French
  458 So. 2d 67· Fla. 3d DCA· 1984-10-30 ·cited 25×
  AV-MED appeals a judgment awarding commissions to former employees Dale Carter and Larry French, claiming the oral agreement was barred by the statute of frauds and that commissions were not due. Carter cross-appeals contending set-offs should not have been allowed. The court aff
• Bird Lakes Dev. Corp. v. Homero Meruelo
  626 So. 2d 234· Fla. 3d DCA· 1993-06-22 ·cited 24×
  Bird Lakes Development Corp. appealed from a jury verdict finding it liable for fraud, breach of oral agreement, and breach of warranty in the sale of undeveloped real estate. The court affirmed, holding that an oral promise to provide sewers to the property site is enforceable d
• Cunningham v. Healthco, Inc.
  824 F.2d 1448· 5th Cir.· 1987-08-21 ·cited 22×
  The court held that sufficient evidence supported the existence of three oral contracts and that Dental Leasing was a third-party beneficiary of those contracts, but reversed the award related to the computer contract because Dental Leasing was not a third-party beneficiary of th
• Workman v. Harrison
  282 F.2d 693· 10th Cir.· 1960-09-12 ·cited 20×
  The court held that the oral agreement for land development constituted a valid joint adventure, and the bankruptcy trustee's rejection of the executory contract was a breach for which damages are recoverable.
• Hesston Corp. v. Roche
  599 So. 2d 148· Fla. 5th DCA· 1992-04-24 ·cited 18×
  Hesston Corporation appeals a jury verdict finding it breached an employment contract with James Roche by promising him lifetime employment. The court reverses, holding that the alleged oral lifetime employment promise was unenforceable under Florida law and should not have been
• Donner v. Donner
  302 So. 2d 452· Fla. 3d DCA· 1974-09-24 ·cited 18×
  The Florida Court of Appeal upheld a trial court's grant of specific performance requiring Samuel Donner's estate to distribute one-third of its net estate each to his ex-wife Beatrice and adopted son Edward, pursuant to a 1959 separation agreement incorporated into an Alabama di
• COE v. Diener
  159 So. 2d 269· Fla. 2d DCA· 1964-01-03 ·cited 18×
  Constance Coe appealed an order denying her motion to dismiss a suit by Christine Diener for specific performance of an alleged oral settlement agreement. The Florida appellate court held that oral settlement agreements are enforceable in equity despite the parol evidence rule, a
• LEE v. Jenkins Bros.
  268 F.2d 357· 2d Cir.· 1959-06-15 ·cited 18×
  The court held that the evidence was insufficient to support a finding that the alleged pension agreement went beyond protecting the plaintiff's rights under the existing Crane pension plan, and that the issue of apparent authority for the corporate defendant to make such an extr
• Wilcox v. Lang Equities, Inc.
  588 So. 2d 318· Fla. 3d DCA· 1991-11-05 ·cited 16×
  Appellant Wilcox, a hotel owner, sued Appellee Lang Equities for breach of an oral agreement to collect and remit hotel fees from vacation packages sold to Wilcox's customers. The trial court granted Appellee's motion for judgment on the pleadings based on the statute of frauds,
• Ocean View Towers, Inc. v. First Fid. Sav. & Loan Ass'n
  521 So. 2d 325· Fla. 4th DCA· 1988-03-09 ·cited 16×
  Ocean View Towers appealed a foreclosure judgment on a $3.6 million mortgage loan from First Fidelity Savings and Loan Association. Ocean View claimed an oral agreement with a Fidelity officer for an interest reserve modification and alleged Fidelity engaged in unclean hands by a
• Mayo v. Schooner Cap. Corp.
  825 F.2d 566· 1st Cir.· 1987-07-27 ·cited 16×
  The court held that the jury's verdict for breach of an oral employment contract was supported by sufficient evidence and that the contract terms were not too vague or speculative to be enforced. The court also found that the defendants waived their statute of frauds defense.
• Shell's City, Inc. v. Westerman
  257 So. 2d 276· Fla. 3d DCA· 1971-12-07 ·cited 14×
  An oral contract to pay a percentage of gross sales in exchange for transfer of a liquor license cannot be enforced where the claimant's uncorroborated testimony fails to meet the clear, full, and convincing standard required for oral contracts, especially when the defendant's re
• Snyder v. Hillegeist
  246 F.2d 649· D.C. Cir.· 1957-04-25 ·cited 14×
  An oral agreement for co-brokerage is enforceable under the Statute of Frauds if it is capable of performance within one year, even if performance ultimately occurs later. Tortious interference claims are valid if based on inducing a breach of contract.
• Mergenthaler v. Dailey
  136 F.2d 182· 2d Cir.· 1943-06-08 ·cited 14×
  The court held that the negotiations were too indefinite to constitute a contract, and therefore, the appellant could not recover damages for breach or expenses incurred in anticipation of the agreement.
• Conner v. The Walt Disney Co.
  827 So. 2d 318· Fla. 5th DCA· 2002-09-13 ·cited 12×
  Conner, I, Inc. sued Disney for breach of contract and related tort claims arising from an alleged oral agreement to form a joint venture for manufacturing housing units at Disney's Fort Wilderness development. The trial court dismissed the action under Florida's statute of fraud
• Harwood & Assocs., Inc. v. Tex. Bank & Tr.
  654 F.2d 1073· 5th Cir.· 1981-09-03 ·cited 12×
  The court held that an oral agreement by a bank to transfer funds from a depositor's account to a third party, in exchange for the third party's action that benefits the bank, is an original undertaking enforceable under Texas law, not subject to the statute of frauds as a surety
• Crossen v. Feldman
  673 So. 2d 903· Fla. 2d DCA· 1996-05-08 ·cited 11×
  The court held that a claim for support based on an oral contract is legally enforceable and not barred by the doctrine of palimony.
• Hilord Chem. Corp. v. Ricoh Elecs., Inc.
  875 F.2d 32· 2d Cir.· 1989-05-15 ·cited 11×
  The court held that the district court properly denied summary judgment based on the merchant's exception to the Statute of Frauds, but erred in failing to instruct the jury on the requirement for a buyer to seek a covering contract before recovering consequential damages.
• Viscito v. Fred S. Carbon Co., Inc.
  717 So. 2d 586· Fla. 4th DCA· 1998-09-02 ·cited 10×
  The Viscitos appealed summary judgment dismissing their claims against Carbon for tortious interference, conversion, and breach of contract arising from an oral distributorship agreement. The court affirmed dismissal of the breach of contract claim under the Statute of Frauds but
• Fed. Deposit Ins. Corp. v. Venture Contractors, Inc.
  825 F.2d 143· 7th Cir.· 1987-07-16 ·cited 10×
  The court held that a guaranty signed by the defendant was a valid asset of the failed bank, and an alleged oral agreement to limit liability was unenforceable against the FDIC under 12 U.S.C. § 1823(e).
• J. A. Cantor & Assocs., Inc. v. Devore
  281 So. 2d 245· Fla. 3d DCA· 1973-07-17 ·cited 10×
  Two competing real estate broker firms disputed whether an oral agreement to divide commissions on a property sale was validly made between their respective employees. The court affirmed the jury verdict finding that an enforceable oral agreement existed and that the employee had
• Eli O'Neal and his wife v. Roger McELHINEY and his wife
  172 So. 2d 492· Fla. 1st DCA· 1965-03-09 ·cited 10×
  In this foreclosure case, appellants O'Neal sold land to purchasers under a contract for deed, obtained a decree to foreclose when purchasers defaulted, and successfully bid for the property at the foreclosure sale. The trial court set aside the sale at the request of junior lien
• Velva Dewachter v. Michaela G. Scott, M.D.
  657 So. 2d 962· Fla. 4th DCA· 1995-07-19 ·cited 9×
  Velva Dewachter appealed a summary judgment dismissing her fraud claim against her former employer, Dr. Michaela Scott, for allegedly inducing her into an oral employment contract promising lifetime or age-65 employment. The court affirmed the dismissal, holding that claims based
• Burger King Corp. v. Lee
  766 F. Supp. 1149· S.D. Fla.· 1991-06-12 ·cited 8×
  The court granted Burger King Corporation's motion for a preliminary injunction, finding a substantial likelihood of success on the merits regarding franchise termination and trademark infringement.
• Poinciana Props., Ltd. v. Englander Triangle, Inc.
  437 So. 2d 214· Fla. 4th DCA· 1983-09-14 ·cited 8×
  This case addresses whether part performance of an unsigned commercial lease agreement removes it from the statute of frauds. The court affirmed the trial court's finding that the tenant's substantial reliance and performance—including relocating operations, purchasing non-cancel
• Coastland Corp. v. Third Nat'l Mortg. Co.
  611 F.2d 969· 4th Cir.· 1979-12-26 ·cited 8×
  The court held that the district court did not err in finding a binding oral commitment for construction financing, but erred in awarding lost profits for a new venture.
• Griese-Traylor Corp. v. The First Nat'l Bank OF Birmingham
  572 F.2d 1039· 5th Cir.· 1978-05-08 ·cited 8×
  An oral option contract for the sale of an interest in land is unenforceable under the statute of frauds in both Alabama and Tennessee, and tortious interference claims require proof of fraud, force, or coercion, or an affirmative act of interference, which were absent here.
• Lockewill, Inc. v. The United States Shoe Corp. & Pappagallo, Inc.
  547 F.2d 1024· 8th Cir.· 1976-12-28 ·cited 8×
  The court held that an exclusive distributorship agreement silent as to duration is terminable at will after a reasonable time, and the franchisor is not liable for breach of contract if the distributor has had a reasonable opportunity to recoup its investment.
• The Cherokee Labs., Inc. v. Pierson
  415 F.2d 85· 10th Cir.· 1969-08-15 ·cited 8×
  The court held that an oral retirement contract, contingent on the employee's death, is not barred by the statute of frauds, and that procedural requirements for granting a new trial do not divest a court of jurisdiction.
• Lenore Foman v. Davis
  292 F.2d 85· 1st Cir.· 1961-06-26 ·cited 8×
  A second notice of appeal, filed after a motion for leave to amend a complaint, does not bring the original judgment of dismissal before the appellate court if the intent to appeal the original judgment cannot be reasonably inferred.
• Lindgren v. Waller van Fleet
  101 So. 2d 155· Fla. 3d DCA· 1958-03-06 ·cited 8×
  An oral contract for the conveyance of a husband's land and the relinquishment of a wife's dower interest is not specifically enforceable, even with part payment and possession, if not executed and acknowledged as required by statute.
• Burton E. Carr and Marie A. Carr v. City OF Anchorage
  243 F.2d 482· 9th Cir.· 1957-04-22 ·cited 8×
  A municipality cannot escape liability for a fully performed oral contract, even if formalities were not strictly followed, if the non-compliance does not go to the substance of the contract or public protection.
• Zeligson v. Hartman-Blair, Inc.
  126 F.2d 595· 10th Cir.· 1942-03-09 ·cited 8×
  A broker cannot recover a commission from a seller when the written authority granted was to purchase, not to sell, and the broker's own agreement with the purchasers indicates they were the broker's clients.
• Rice v. Ins. & Bonds, Inc.
  366 So. 2d 85· Fla. 3d DCA· 1979-01-02 ·cited 7×
  Rice, an insurance agent, sued Insurance & Bonds, Inc. for wrongfully appropriating his personally-produced insurance accounts after termination of their oral business relationship. The court reversed a directed verdict and held that the statute of frauds does not bar recovery fo
• Barton v. Chem. Bank
  577 F.2d 1329· 5th Cir.· 1978-08-14 ·cited 7×
  The court held that a valid oral security agreement existed for the certificate of deposit, and therefore the bank's payment of the proceeds to Chemical Realty Corporation was not conversion.
• Rakusin v. Rakusin
  569 So. 2d 893· Fla. 4th DCA· 1990-11-14 ·cited 6×
  Diane Rakusin appealed the trial court's denial of her motion to change venue in a divorce proceeding from Broward County to Alachua County. The appellate court reversed, holding that venue properly lay in Alachua County, where the parties last resided together as husband and wif
• Dunker v. Reichman
  841 F.2d 177· 7th Cir.· 1988-03-02 ·cited 6×
  The court held that the trust agreement, when construed under Illinois law, allowed individual co-trustees to bind the trust, and that the plaintiff's testimony regarding conversations with a deceased co-trustee was admissible.
• Montgomery v. Moreland
  205 F.2d 865· 9th Cir.· 1953-06-29 ·cited 6×
  The court held that an oral contract for a bonus, even if not fully memorialized in writing, is enforceable when the statute of frauds would otherwise prevent recovery and its application would result in unconscionable injury to the employee.