Oral Contract Enforceability

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

• Browning v. Poirier
  113 So. 3d 976· Fla. 5th DCA· 2013-03-08 ·cited 4×
  Howard Browning appeals a directed verdict granted in favor of Lynn Anne Poirier in a breach of contract action arising from an alleged oral agreement to share lottery winnings. The Fifth District Court of Appeal reversed, holding that the statute of frauds does not bar an oral c
• Ballard-Cannon Dev. Corp. v. Sandman Props. & Dev., LLC
  933 So. 2d 1251· Fla. 1st DCA· 2006-07-24 ·cited 4×
  Ballard-Cannon Development Corporation appealed a directed verdict dismissing its breach of oral contract claim on statute of frauds grounds. The court affirmed, finding the contract could not be performed within one year, thus making it unenforceable under Florida's statute of f
• Sea-Land Serv., Inc. v. Sellan
  64 F. Supp. 2d 1255· S.D. Fla.· 1999-07-16 ·cited 4×
  The court held that the settlement agreement, including the provision not to sail or work, was enforceable because the seaman understood the terms, voluntarily entered into the agreement, and ratified it by accepting the settlement funds.
• First Sec. Bank OF Beaver v. Taylor
  964 F.2d 1053· 10th Cir.· 1992-05-21 ·cited 4×
  The court held that the bank waived its arguments regarding the oral agreement's uncertainty and the Statute of Frauds by failing to properly raise them in its motion for a directed verdict, and that the borrowers' claims for additional jury instructions were not supported by law
• Nelson v. Prod. Credit Ass'n of the Midlands
  930 F.2d 599· 8th Cir.· 1991-04-09 ·cited 4×
  The court held that the district court properly granted judgment notwithstanding the verdict because the evidence did not support the jury's findings on breach of contract, misrepresentation, or negligence.
• Anne Renfro v. Dodge
  520 So. 2d 690· Fla. 4th DCA· 1988-03-02 ·cited 4×
  Anne Renfro sued Marie Vandugteren's estate seeking damages, quantum meruit, specific performance, and declaratory relief based on an alleged oral contract whereby Renfro would provide nursing and care services in exchange for being named as a beneficiary in Vandugteren's will. T
• Cont'l Motel Brokers, Inc. v. Blankenship
  739 F.2d 226· 6th Cir.· 1984-07-20 ·cited 4×
  The dissenting judge held that there was insufficient evidence as a matter of law to support a 'clear showing' that Fleck acted maliciously to cause Blankenship to breach the contract to pay a broker's commission.
• R. J. Paquette Aviation Enter., Inc. v. C. B. Phillips, Inc.
  241 So. 2d 180· Fla. 4th DCA· 1970-11-18 ·cited 4×
  In a statutory distress proceeding, the defendant corporation counterclaimed for specific performance and damages for breach of an alleged oral agreement to purchase an airplane hangar building. The court reversed summary judgment against the counterclaim, holding that because th
• Zukoski v. Baltimore & Ohio R.R. Co.
  315 F.2d 622· 3d Cir.· 1962-12-28 ·cited 4×
• Goldfarb Novelty Co. OF Fla., Inc. v. Vann
  94 So. 2d 845· Fla.· 1957-04-10 ·cited 4×
  Goldfarb and his novelty company appealed a trial court's judgment that an oral business agreement with Vann was an enforceable contract entitling Vann to salary, profit-sharing, and stock in a newly formed corporation, despite the absence of a written contract. The court held th
• Sadler Mach. Co. v. Ohio NAT., Inc.
  202 F.2d 887· 6th Cir.· 1953-03-19 ·cited 4×
  Title to the machine passed to the buyer when the contract was made, as the parties intended an immediate transfer, and any delay in delivery was the buyer's fault, placing the risk of loss on the buyer.
• Cohen v. Corbitt
  135 So. 3d 527· Fla. 1st DCA· 2014-04-02 ·cited 3×
  Marc Cohen appeals a $53.1 million judgment entered against him for fraudulent misrepresentation arising from a joint real property purchase with Donna Corbitt. The appellate court reversed, finding the evidence failed to support any legal basis for the judgment, particularly fra
• Carbon Cap. II v. Est. OF James Wallace Tutt, III
  107 So. 3d 1239· Fla. 3d DCA· 2013-02-27 ·cited 3×
  Carbon Capital II and Hotel 71 Mezz Lender, LLC appealed summary judgments entered in favor of the Estate of James Wallace Tutt, III in two garnishment actions arising from a sale of Bahamian real property (Caribe Cay) from Tutt to Guy Mitchell. The central issue was whether the
• Marcus v. Garland, Samuel & Loeb, P.C.
  441 F. Supp. 2d 1227· S.D. Fla.· 2006-07-02 ·cited 3×
  An oral agreement to share attorney's fees, which is not reduced to writing, not communicated to the client, and intended to last more than one year, is unenforceable under Florida law.
• Jerrold A. Bross v. Wallace
  600 So. 2d 1198· Fla. 5th DCA· 1992-05-29 ·cited 3×
  Bross appealed dismissal of his action against Wallace and Frady based on judgment on the pleadings. The court affirmed dismissal of most counts but reversed as to count two, holding that an oral agreement to purchase a restaurant could potentially be enforceable if performable w
• Am. Atl. Lines v. ROS Forwarding, Inc.
  441 So. 2d 1153· Fla. 3d DCA· 1983-11-22 ·cited 3×
• Miami Purveyors, Inc. v. Forte
  407 So. 2d 330· Fla. 3d DCA· 1981-12-15 ·cited 3×
  Miami Purveyors appealed from a judgment against Biscayne Bay Club, Inc., and an involuntary dismissal of its action against Forte. The Third District reversed both, holding that Purveyors presented prima facie evidence of an oral agreement making Forte primarily liable for payme
• Reynolds v. Slaughter
  541 F.2d 254· 10th Cir.· 1976-09-07 ·cited 3×
  The court held that restitution is an available remedy even when a contract is unenforceable due to the statute of frauds, and Federal Rule of Civil Procedure 54(c) permits awarding such relief even if not specifically pleaded.
• Flowers v. Finley
  311 So. 2d 804· Fla. 3d DCA· 1975-04-15 ·cited 3×
  Flowers appealed a summary judgment dismissing his breach of contract claim against Finley and others for allegedly breaching an oral agreement to give him a 7.5% interest in a management organization. The court affirmed, holding that the oral contract fell within Florida's Statu
• Stratford Fin. Corp. & Am. Airlease Corp. v. Sec. Pac. Nat'l Bank
  580 So. 2d 806· Fla. 3d DCA· 1991-05-14 ·cited 2×
  Stratford Financial and American Airlease appealed a trial court decision holding that an oral brokerage commission agreement was unenforceable under the New York Statute of Frauds. The Florida District Court of Appeal affirmed, finding that because the contract's final act (the
• Rosenthal v. Fonda
  862 F.2d 1398· 9th Cir.· 1988-12-13 ·cited 2×
  The court held that New York law, specifically its statute of frauds, governs the oral contract dispute and bars the plaintiff's claim because the contract could not be performed within one year.
• Expertise, Inc. v. AETNA Fin. Co.
  810 F.2d 968· 10th Cir.· 1987-02-03 ·cited 2×
  The court held that the trial court did not err in granting judgment notwithstanding the verdict on the breach of contract claim because the oral agreement was too indefinite, and in granting a directed verdict on the tortious interference claim due to lack of damages.
• O'Neal v. Commercial Assurance Co. of Am.
  263 So. 2d 246· Fla. 3d DCA· 1972-06-13 ·cited 2×
  A fire insurance policyholder sought recovery on a $4,000 policy after a fire loss, but the trial court limited her recovery to $975—the value of her equity in the property. The appellate court affirmed, holding that while the policyholder had an insurable interest as a vendee un
• Fitzsimons v. Scharf
  229 So. 2d 649· Fla. 2d DCA· 1969-12-19 ·cited 2×
  The court held that the trial court erred in dismissing the complaint based on the Statute of Frauds, as the oral agreement could have been performed within one year.
• Opco, Inc. v. Scott
  321 F.2d 471· 10th Cir.· 1963-08-01 ·cited 2×
  The court held that the defendant failed to prove the existence of an enforceable oral agreement for an interest in oil and gas leases, thus affirming the trial court's judgment quieting title in the plaintiffs.
• Lindgren v. Waller van Fleet
  112 So. 2d 881· Fla. 3d DCA· 1959-06-11 ·cited 2×
  Van Fleet sought specific enforcement of an oral 1950 contract to purchase a five-acre tract from Lindgren for $1,200, but the court reversed the lower court's decree requiring specific performance. The court found that Van Fleet's gross delay in asserting his rights, his specula
• Transit Advertisers, Inc. v. New York
  194 F.2d 907· 2d Cir.· 1952-03-12 ·cited 2×
  An oral contract, though not to be performed within one year, is enforceable if a signed writing exists that serves as a memorandum of the agreement, even if the signature is later cancelled. Damages awarded for breach must properly account for all contract terms.
• Stamer v. Free Fly, Inc
  277 So. 3d 179· Fla. 5th DCA· 2019-06-28 ·cited 1×
  The appellate court reversed a lower court's judgment on claims of fraudulent misrepresentation and promissory estoppel, finding them barred by the statute of frauds. The court affirmed the judgment on all other claims.
• H.P.B.C. v. Nor-Tech Powerboats, Inc.
  946 So. 2d 1108· Fla. 2d DCA· 2006-12-08 ·cited 1×
  H.P.B.C., Inc. and individuals appealed a jury verdict awarding the Dealer commissions on boat sales based on an alleged oral contract. The court reversed, holding that Florida's statutes of frauds bar enforcement of the oral contract because it involved goods over $500 and was n
• Ramaria Familienstiftung v. United States
  643 F. Supp. 139· S.D. Fla.· 1986-05-29 ·cited 1×
  The court held that the property was purchased with proceeds from illegal drug activities and was subject to forfeiture, and that the mortgage was a sham. Therefore, the plaintiffs took nothing.
• Guerrero v. Magnus Sports, LLC
  S.D. Fla.· 2026-02-04
  Jesse Guerrero sued Barry Praver and Scott Shapiro, sports agents, alleging they breached an oral agreement to compensate him for facilitating a professional baseball player's representation by the defendants. The court dismissed the case with prejudice, finding that Guerrero fai
• Nathanael J. Stevens and Personal Representative of B.R. v. Stevens
  Fla. 1st DCA· 2022-06-01
  The appellate court affirmed a trial court's decision that federal law preempted claims against a beneficiary of a life insurance policy. The court found that the Servicemembers’ Group Life Insurance Act (SGLIA) prevented state law claims, including a request for a constructive t
• Marine Depot Int'l, Inc. v. James River Grp., Inc.
  S.D. Fla.· 2021-09-14
  The court held that an alleged oral agreement for the sale of a company was unenforceable due to a lack of mutual assent on essential terms, and that an unjust enrichment claim was precluded by the existence of express contracts (work orders).
• Taylor v. Davis
  Fla. 1st DCA· 2021-07-15
  The appellate court reversed a permanent alimony award in a short-term marriage, finding that the trial court failed to establish exceptional circumstances required by statute. The court emphasized that legal rights stem from marriage, not cohabitation, and that the premarital re
• Cutlass Collieries, LLC. v. Jones
  S.D. Fla.· 2021-03-08
  The court held that the alleged oral agreement for a ten-year employment term was unenforceable under the statute of frauds and did not meet exceptions to the at-will employment doctrine. The court also found the public policy exception inapplicable and granted motions to strike
• Doe v. Roe
  S.D. Fla.· 2020-11-12
  The court held that an alleged oral agreement, which by its terms could not be performed within one year, was barred by the statute of frauds, precluding claims for breach of contract, fraud, fraud in the inducement, and promissory estoppel. The unjust enrichment claim failed for
• Williamson v. Digit. Risk, LLC
  M.D. Fla.· 2020-01-28
  The court held that summary judgment is granted for hostile work environment, Equal Pay Act, and some defamation claims, but denied for disparate treatment, retaliation, and breach of contract claims.
• United States v. Starcher
  2012 WL 3149260· M.D. Fla.· 2012-07-30
  The court held that petitioners failed to perfect any legal interest in the aircraft by not recording their alleged oral conditional sale agreement with the FAA, and thus could not claim bona fide purchaser status for value in forfeiture proceedings.
• Cain v. Swiderski
  864 So. 2d 549· Fla. 4th DCA· 2004-01-14
  In this divorce modification case, the Fourth District Court of Appeal affirmed the trial court's termination of the wife's exclusive use of the marital home following her remarriage in 1994, but reversed and remanded regarding a December 1999 settlement agreement between the par
• Dennies Contracting Co., Inc. v. Burton H. Hersh
  702 So. 2d 1381· Fla. 3d DCA· 1997-12-31
  Affirmed jury verdict for architect's claim of oral agreement with roofing contractor to pay referral fee, despite appellate skepticism about the amount.
• Sheck v. Cathryn Westlund
  693 So. 2d 691· Fla. 5th DCA· 1997-05-09
  In a paternity case, the court enforced an oral agreement between the parents to increase child support from $800 to $2,500 per month in exchange for the mother ceasing work to raise the child at home. The father appealed, claiming the mother breached the agreement by continuing
• Hodge v. Evans Fin. Corp.
  823 F.2d 559· D.C. Cir.· 1987-07-02
  The court held that the oral employment contract was unenforceable under the Statute of Frauds because it was for a term longer than one year.
• Kaus v. Bideaux
  709 F.2d 1221· 8th Cir.· 1983-06-17
  The court held that the brokers were entitled to the remaining commission despite the oral agreement, and that prejudgment interest should have been awarded because the claim was liquidated.
• Riggs v. Morgan
  390 So. 2d 157· Fla. 3d DCA· 1980-11-18
  Mercedes Riggs appeals a trial court judgment requiring her to convey property to Jimmy Brown (who held an oral contract to sell it to the Morgans) and awarding damages to the Morgans for breach of the underlying oral sales contract. The court enforced the oral contract through s
• Weisse v. Engelhard Minerals & Chems. Corp.
  571 F.2d 117· 2d Cir.· 1978-02-16
  The court held that an oral employment contract providing for a cash bonus payment in 1977, more than one year after its making, is unenforceable under the New York statute of frauds.
• Fla. E. Coast Ry. Co. v. Sheffield
  349 So. 2d 680· Fla. 1st DCA· 1977-08-10
  The court held that an oral agreement to provide timely rail service, which would enable a shipper to meet conditions for a lower tariff rate, is enforceable and does not unlawfully modify public service commission-approved rates.
• United States v. Ingemar Johansson
  447 F.2d 702· 5th Cir.· 1971-08-23
  Individuals who controlled a corporation and violated court orders compelling the turnover of funds for tax payment can be held personally liable for the unpaid taxes, even if they claim offsets based on alleged oral contracts or voluntary advances.
• Talbott v. Morley
  200 So. 2d 605· Fla. 3d DCA· 1967-07-05
  The Florida District Court of Appeal declined to answer certified questions from a lower court regarding the enforceability of an oral employment contract under the Statute of Frauds and whether quantum meruit could be pursued if the contract was unenforceable. The appellate cour