Parol Agreement

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

• Masser v. The London Operating Co.
  106 Fla. 474· Fla.· 1932-08-23 ·cited 175×
  Lessees of a Miami Beach hotel sued in equity to enforce landlord's covenant to paint and complete a solarium, and sought to restrain eviction proceedings based on their nonpayment of rent. The court dismissed the suit as lacking equity and ordered money deposited in court to be
• Nat'l Sur. Co. v. Willys-Overland, Inc.
  103 Fla. 738· Fla.· 1931-11-30 ·cited 80×
  National Surety Company appealed a judgment for breach of an injunction bond, challenging whether the trial court properly sustained a demurrer to its second amended plea asserting settlement. The Florida Supreme Court reversed, holding that a settlement agreement need not be in
• Richards v. Dodge
  150 So. 2d 477· Fla. 2d DCA· 1963-02-13 ·cited 60×
  A landlord sued for unpaid rent under a lease of an apartment building used as dormitory housing for a school. The trial court ruled for the tenant defendants on their counterclaim alleging constructive eviction based on the landlord's leasing of a reserved apartment to a male te
• Murrell v. Peterson
  57 Fla. 480· Fla.· 1909-01-01 ·cited 50×
  George Murrell appealed the sustaining of a demurrer to his bill in equity against William Peterson and Peterson-McNeill Company regarding land they had purchased together under a parol agreement. The Florida Supreme Court affirmed the demurrer, finding the bill defective on mult
• Bethea v. Langford
  45 So.2d 496· Fla.· 1949-11-18 ·cited 49×
  The appellate court affirmed a lower court's decision that a resulting trust existed for a one-third interest in certain lands. The court found sufficient evidence to support the lower court's finding that the land was purchased for partnership purposes with partnership funds, de
• Enns-Halbe Co. v. Templeton
  135 So. 135· Fla.· 1931-05-25 ·cited 46×
  This case concerns whether a purchaser of land who orally agrees to assume an existing mortgage as part of the purchase price can be held liable for that debt in a court of law. The court held that such a parol agreement, made at the time of the deed's acceptance, is enforceable
• Fletcher v. Williams
  153 So. 2d 759· Fla. 1st DCA· 1963-05-21 ·cited 45×
  The Florida District Court of Appeal reversed a trial court's dismissal of a complaint seeking enforcement of an alleged parol agreement whereby the Fletchers promised to gift land to the Fletchers in exchange for care and services. The court held that the statute of frauds is an
• Tischler v. Apple & Finley
  30 Fla. 132· Fla.· 1892-06-01 ·cited 28×
  In this breach of contract and account stated dispute, the Florida Supreme Court affirmed a judgment for mason work contractors Apple & Findley against Philip Tischler. The court rejected Tischler's challenges to evidentiary rulings and his claim that the contractors abandoned wo
• Prof'l Ins. Corp. v. Cahill
  90 So. 2d 916· Fla.· 1956-12-05 ·cited 23×
  The Florida Supreme Court reviewed an interlocutory order striking an affirmative defense. The court held that a written contract can be modified by an oral agreement if acted upon in a way that would cause fraud if not enforced, even if the contract requires modifications to be
• Brown v. Am. Nat. Bank
  197 F.2d 911· 10th Cir.· 1952-06-26 ·cited 20×
  The court held that the trial court's finding that the $20,000 payment was for the purchase of an interest in property, and not usurious interest, was supported by substantial evidence and not clearly erroneous.
• Atlas Trading Corp. v. S. H. Grossman, Inc.
  169 F.2d 240· 3d Cir.· 1948-07-29 ·cited 16×
  The court held that a binding contract existed between the plaintiff and defendant, and the defendant breached this contract by taking actions that prevented the plaintiff from obtaining necessary government permits and by selling the trucks to a third party.
• Prior v. Davis
  58 Fla. 510· Fla.· 1909-06-01 ·cited 16×
  The Florida Supreme Court affirmed a lower court's decision denying reformation of a deed, holding that the evidence presented was insufficient to prove a parol agreement for a larger land conveyance.
• Kline v. The Eugene Berninghaus Co.
  102 Fla. 362· Fla.· 1931-07-07 ·cited 15×
  The Eugene Berninghaus Company sued O. B. Kline to enforce three promissory notes totaling approximately $7,741. Kline filed six pleas asserting various defenses, all of which were demurred to and struck as legally insufficient. The Florida Supreme Court affirmed the judgment for
• Atkinson v. New Britain Mach. Co.
  154 F.2d 895· 7th Cir.· 1946-04-09 ·cited 14×
  A "dollar-a-year" government employee cannot receive commissions from a private company on sales made to the government, even if they claim to have refrained from influencing the sale, as such an arrangement is against public policy.
• Summerall v. Daniel Thoms and Wife
  3 Fla. 298· Fla.· 1850-01-01 ·cited 11×
  In this 1850 detinue action, the Florida Supreme Court reversed the lower court's judgment for plaintiffs Thoms in a dispute over ownership of an enslaved woman named Sue. The case involved a parol agreement made during the parties' infancy to partition the offspring of an enslav
• Forehand v. Peacock
  77 So. 2d 625· Fla.· 1955-01-28 ·cited 8×
  Sarah Forehand, an elderly mother, and her daughter Bernice Peacock held title to property as tenants in common under a 1947 deed. In 1949, they executed an agreement intending to hold the property as joint tenants with survivorship rights, with an oral agreement that Forehand co
• Gamble v. Campbell
  6 Fla. 347· Fla.· 1855-03-01 ·cited 7×
  The Supreme Court of Florida affirmed the dismissal of a bill in equity filed by Gamble to enjoin a judgment at law. The court found Gamble's claims of excessive charges and a broken agreement for arbitration to be too vague and unsupported by evidence to warrant equitable relief
• Thompson v. Harris
  148 Fla. 329· Fla.· 1941-10-24 ·cited 6×
  The Florida Supreme Court reversed a chancellor's decree recognizing a common law marriage between Rose B. Adams (formerly Ferlong) and the deceased Fred W. Adams, holding that the evidence failed to establish an agreement for immediate marriage because the parties intended to fo
• Waln v. Howard
  142 Fla. 736· Fla.· 1940-05-10 ·cited 5×
  Charlotte Waln leased a house from Ella Howard for the 1937-38 winter season but vacated after two days without notice. Howard sued for unpaid rent under the statutory count for 'use and occupation.' The Florida Supreme Court affirmed the directed verdict for Howard, holding that
• Murrell v. Peterson
  59 Fla. 566· Fla.· 1910-01-01 ·cited 4×
  Murrell seeks specific performance of an implied trust based on his equal contribution to the purchase price of land titled solely in Peterson's name. The Florida Supreme Court reverses the lower court's dismissal, holding that a parol agreement does not prevent an implied trust
• VAN Dame Ests., Inc. v. Permeale Mays
  92 So. 2d 816· Fla.· 1957-02-20 ·cited 2×
  The court affirmed a divorce decree that granted the wife exclusive use of the marital home for life, finding no fraud or duress in the creation of the estate by the entirety and acknowledging the wife's substantial contributions to the property.
• Deigaard & Preston Builders, Inc. v. Lyons
  167 So. 2d 776· Fla. 3d DCA· 1964-09-22 ·cited 1×
  A building contractor sought an equitable lien and recovery on a promissory note and construction contract for work on a hospital and professional building. The trial court awarded the contractor $15,591.80 on the note plus an equitable lien of $4,300, while allowing a $7,200 set
• Gen. Juices Corp. v. The Home Ins. Co.
  410 F.2d 1138· 5th Cir.· 1969-05-22
• Fowler v. Evans
  148 F.2d 892· 8th Cir.· 1945-04-16
  The court held that the trial court's finding that no contract existed between the parties was supported by substantial evidence and not clearly erroneous.
• Slaughter v. Madison
  135 F.2d 650· D.C. Cir.· 1943-02-08
  The court held that enforcing the alleged oral contract for real estate would be inequitable and affirmed the dismissal of the complaint.
• Peavy-Wilson Lumber Co., Inc. v. Loftin
  131 F.2d 579· 5th Cir.· 1942-12-05
  The court held that the reorganization court had jurisdiction over the intervener's claim for specific performance against the trustees, and that the written agreement on its face authorized the trustees' proposed action.