Parol Evidence Rule

2,396 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Boyette v. Carden
  347 So. 2d 759· Fla. 1st DCA· 1977-06-21 ·cited 16×
  The Boyettes appealed a foreclosure judgment on their farm, arguing that a contemporaneous letter from Ralston Purina modified the mortgage to create a release clause requiring only payment of the $60,000 financed amount rather than the full debt. The appellate court reversed, ho
• United Truck & BUS Serv. Co. v. Piggott
  543 F.2d 949· 1st Cir.· 1976-11-03 ·cited 16×
  The court held that the contract was ambiguous regarding a guaranteed minimum number of students and that extrinsic evidence supported the interpretation that compensation was based on actual students transported.
• Blair Riggs v. Island Creek Coal Co.
  542 F.2d 339· 6th Cir.· 1976-09-28 ·cited 16×
  The court held that the specific description of coal seam by drill hole depths in a deed prevails over a general description by seam number when there is a conflict, and that the district court erred in finding the drill hole depths to be surplusage.
• Ehret Co. v. Eaton
  523 F.2d 280· 7th Cir.· 1975-09-11 ·cited 16×
  The court held that the jury should not have been given free rein to determine what constituted "extremely fair treatment" in overriding a written contract.
• United States v. Irion
  482 F.2d 1240· 9th Cir.· 1973-07-26 ·cited 16×
  The court held that consent to search a motel room can be voluntary even if the subject is unaware of their right to refuse, and that circumstantial evidence and statements can be sufficient to convict a passenger of drug importation and possession.
• The MacKe Co. v. The United States
  467 F.2d 1323· Ct. Cl.· 1972-10-13 ·cited 16×
  The court held that the contractor was entitled to compensation for unreasonable losses inherent in the unique operation, beyond those directly caused by the government, and also to a reasonable profit.
• Aboussie v. Tanal A. Aboussie and Camal A. Aboussie
  441 F.2d 150· 5th Cir.· 1971-04-01 ·cited 16×
  The court held that the trial court erred in granting judgment notwithstanding the verdict on the contract claim because there was sufficient evidence of consideration for the profit-sharing agreement. The court also vacated the judgment on the 10b-5 claim, remanding for a new tr
• United States for the Use of White Masonry, Inc. v. F. D. Rich Co., Inc.
  434 F.2d 855· 9th Cir.· 1970-11-19 ·cited 16×
  The court held that the parol evidence rule does not bar evidence of pre-contract discussions when a contract is ambiguous, and that the parties' interpretation of an ambiguous contract is enforceable.
• Vickery v. Fisher Governor Co.
  417 F.2d 466· 9th Cir.· 1969-10-28 ·cited 16×
  The court held that the contract's termination clause was unambiguous and that the parol evidence rule barred extrinsic evidence to alter its terms, thus affirming the grant of summary judgment.
• J. J. Henry Co., Inc. v. The United States
  411 F.2d 1246· Ct. Cl.· 1969-06-20 ·cited 16×
  The court held that the plaintiff's claims for Fifth Amendment 'taking' of plans and for equitable lien against retained funds were without merit.
• Carolina Metal Prods. Corp. v. Larson
  389 F.2d 490· 5th Cir.· 1968-02-13 ·cited 16×
  A written contract, if intended by the parties as a complete integration of their agreements, supersedes prior oral negotiations and cannot be varied by parol evidence.
• Walston A. Lynn v. Caraway
  379 F.2d 943· 5th Cir.· 1967-07-05 ·cited 16×
  The court affirmed the district court's judgment, holding that the sale of the entire interest in an oil and gas lease to a third party, even if followed by that party's sale of fractional interests, did not constitute the sale of unregistered securities by the original seller in
• Plymouth Mut. Life Ins. Co. v. Ill. Mid-Continent Life Ins. Co. of Chicago
  378 F.2d 389· 3d Cir.· 1967-05-09 ·cited 16×
  The court held that the phrase 'of the Norman Reitman & Co.' in the settlement agreement was descriptive, not a limitation, and thus the adjuster's report was valid despite his departure from the named firm.
• A & T Motors, Inc. v. Roemelmeyer
  158 So. 2d 567· Fla. 3d DCA· 1963-12-10 ·cited 16×
  A & T Motors financed automobile inventory through Interstate Acceptance Corp. using floor-plan loans secured by vehicle titles. When the company's president issued worthless checks to obtain the titles back, Interstate sued A & T and its secretary Alvin Savage, who had signed an
• Gibbs v. Am. Nat'l Bank OF Jacksonville
  155 So. 2d 651· Fla. 1st DCA· 1963-05-28 ·cited 16×
  A guaranty agreement covering both existing and future indebtedness is supported by valid consideration, and a defendant's vague deposition testimony is insufficient to create a genuine issue of material fact precluding summary judgment.
• Associated Beverages Co. & Maurice Pepper v. P. Ballantine & Sons
  287 F.2d 261· 5th Cir.· 1961-02-07 ·cited 16×
  The court held that the district court did not err in denying a motion to amend a pre-trial order and stipulation, and in granting summary judgment for the plaintiff, as the contractual language was clear and the antitrust claim lacked merit.
• Stoudenmire v. Fla. Loan Co., Inc.
  117 So. 2d 500· Fla. 1st DCA· 1960-01-26 ·cited 16×
  Stoudenmire sued Florida Loan Company for breach of an oral agreement to repurchase preferred stock within fourteen days of notice. The trial court granted summary judgment based on the three-year statute of limitations for oral contracts, holding the action was barred because th
• Richfield OIL Corp. v. United States
  248 F.2d 217· 9th Cir.· 1957-08-21 ·cited 16×
  The court held that the allegations regarding an oral agreement allowing payment under protest, if proven, could overcome the presumption of a voluntary payment and the parol evidence rule, thus precluding summary dismissal.
• Graessle v. Schultz
  90 So. 2d 37· Fla.· 1956-09-14 ·cited 16×
  The court held that there was insufficient evidence of fraud and that the suit was barred by laches.
• Tillman v. Pitt Cole Co.
  82 So. 2d 672· Fla.· 1955-09-16 ·cited 16×
  The Florida Supreme Court affirmed the lower court's issuance of writs of assistance to Pitt Cole Company, holding that appellants Tillman and DeForest failed to prove by clear and convincing evidence the existence of a constructive trust over foreclosed property. The Court rejec
• Bell Corp. v. Bahama BAR & Rest., Inc.
  74 So. 2d 292· Fla.· 1954-06-29 ·cited 16×
  Bell Corp. sought reversal of an order reforming a lease to provide that the landlord pay half of all electricity costs. The Florida Supreme Court reversed, holding that the tenant failed to prove by clear and convincing evidence that the written lease did not reflect the parties
• Md. Cas. Co. v. United States for Use of Green
  169 F.2d 102· 8th Cir.· 1948-08-03 ·cited 16×
  The court held that the written contract was unambiguous and complete, and that parol evidence or a subsequent formal contract could not be used to alter its terms. Reformation was not warranted as there was no mutual mistake.
• Birmingham v. Bartels
  157 F.2d 295· 8th Cir.· 1946-09-25 ·cited 16×
  The court held that the trial court's findings that orchestra leaders were independent contractors and not employees were supported by substantial evidence, and that the contract did not alter the true relationship of the parties for tax purposes.
• White v. Union Producing Co.
  140 F.2d 176· 5th Cir.· 1944-01-19 ·cited 16×
  The court held that under Mississippi law, gross negligence in failing to read a document does not preclude a claim of fraud if the execution was fraudulently induced. The court also held that parol evidence is admissible to prove consideration beyond the recited amount in a deed
• In re Ko-Ed Tavern v. Kagan
  129 F.2d 806· 3d Cir.· 1942-07-14 ·cited 16×
  The court held that an owner of a bankrupt corporation cannot claim priority for wages, and that wages must be earned within three months of the bankruptcy proceeding to qualify for priority.
• Anne Olive Erwin and C. E. Garrett v. Crandall
  129 Fla. 45· Fla.· 1937-07-31 ·cited 16×
  The Florida Supreme Court affirmed a lower court's judgment against an endorser of promissory notes. The court held that an alleged oral agreement to not hold the endorser liable was inadmissible parol evidence and could not override the statutory definition of an endorser's liab
• Bryan v. St. Andrews Bay Cmty. Hotel Corp.
  99 Fla. 132· Fla.· 1930-01-28 ·cited 16×
  A stockholder subscribed for shares in a hotel corporation and agreed to pay installments. He claimed an oral agreement conditioned his subscription on the hotel costing no more than $450,000, which was allegedly breached when the actual cost exceeded $575,000. The court held tha
• Hammond v. Hacker
  93 Fla. 194· Fla.· 1927-01-25 ·cited 16×
  This case concerns a buyer's attempt to enforce a contract for the sale of the "Kea Hotel" property. The appellate court reversed the lower court's decision, finding the property description in the written agreement insufficient for specific performance under the statute of fraud
• Serkissian v. Newman
  85 Fla. 388· Fla.· 1923-04-10 ·cited 16×
  Fred P. Serkissian appeals a partition decree awarding B.B. Newman a seven-eighths interest in land based on the widow's alleged election to take a child's part in her deceased husband's estate. The Florida Supreme Court reverses, holding that the widow's election to take a child
• Major Schofield v. Talley
  79 Fla. 406· Fla.· 1920-03-27 ·cited 16×
  Schofield repudiated a contract to convey land, and Talley obtained judgment against him. The Florida Supreme Court affirmed, holding that the written contract satisfied the statute of frauds by adequately describing the property, price, and payment terms, despite Schofield's cha
• Rogero v. Rogero
  66 Fla. 6· Fla.· 1913-06-17 ·cited 16×
  Nick Rogero sought to establish a resulting trust in real estate titled in his wife's name, claiming he paid for the property with his own funds. The Florida Supreme Court affirmed the lower court's dismissal of his bill of complaint, holding that his proof failed to meet the str
• Langston v. Nat'l China Co.
  57 Fla. 92· Fla.· 1909-01-01 ·cited 16×
  In this contract dispute over the sale of baking powder, the Florida Supreme Court affirmed a judgment for the plaintiff where the defendant raised fraud as a defense. The court held that fraud must be specially pleaded with ultimate facts stated with certainty, and that the tria
• Conroy v. Woodcock
  53 Fla. 582· Fla.· 1907-01-01 ·cited 16×
  The Florida Supreme Court reversed a circuit court's rejection of a written memorandum of a land sale contract as insufficient under the statute of frauds. The court held that the memorandum adequately described the property, consideration, and payment terms despite certain detai
• Orloff M. Dorman v. Bigelow
  1 Fla. 281· Fla.· 1847-01-01 ·cited 16×
  In this 1847 Florida Supreme Court case, the court affirmed judgment against an endorser of a promissory note who promised to stand as security for payment. The court rejected arguments that the Statute of Frauds required the consideration to be expressed in writing on the endors
• Billington v. Ginn-La Pine Island, Ltd., LLLP
  192 So. 3d 77· Fla. 5th DCA· 2016-05-20 ·cited 15×
  In this real estate fraud case, the Fifth District Court of Appeal affirmed the dismissal of the buyer's fraud claims based on clear and unambiguous non-reliance and waiver clauses in the purchase contracts for high-end residential lots. The court held that these disclaimer claus
• Conway v. Conway
  111 So. 3d 925· Fla. 1st DCA· 2013-04-03 ·cited 15×
  Elizabeth Ann Conway appealed a trial court's decision in a marital settlement agreement enforcement action, challenging the denial of prejudgment interest and attorney's fees on an additional alimony award. The appellate court affirmed the $31,850.85 additional alimony award but
• Fid. Warranty Servs., Inc. v. Firstate Ins. Holdings, Inc.
  74 So. 3d 506· Fla. 4th DCA· 2011-10-05 ·cited 15×
  In this commercial dispute, the Florida Fourth District Court of Appeal reversed a jury verdict awarding $6.75 million to Firstate Insurance on tortious interference and defamation counterclaims, finding that Firstate failed to present admissible evidence of damages on the tortio
• Univ. OF Miami v. Lee Frank, M.D., Ph.D.
  920 So. 2d 81· Fla. 3d DCA· 2006-01-18 ·cited 15×
  The University of Miami appeals a summary judgment finding it breached its employment contract with tenured Professor Dr. Lee Frank by reducing his base salary. The court reverses, holding that Frank's guaranteed compensation under the Faculty Manual is his designated "tenured sa
• Summit Consulting, Inc. v. J.J. Walsh Constr., Inc.
  568 So. 2d 1290· Fla. 2d DCA· 1990-10-03 ·cited 15×
  Summit Consulting, Inc., administrator of a workers' compensation self-insurance fund, appealed a judgment entered against it in favor of Joseph G. Rich, an officer and sole stockholder of member company J.J. Walsh Construction. The court reversed, holding that the guaranty and p
• Consol. Bearings Co. v. Ehret-Krohn Corp.
  913 F.2d 1224· 7th Cir.· 1990-09-20 ·cited 15×
  The court held that a jury could find Consolidated's 1975 statements about financial losses fraudulent and that Ehret's termination was wrongful, but that Ehret was not entitled to post-termination warehousing commissions.
• Hurlbert v. Shackleton
  560 So. 2d 1276· Fla. 1st DCA· 1990-04-18 ·cited 15×
  A debtor's transfer of assets to joint tenancy with his wife is subject to execution to satisfy a subsequently-obtained judgment only if the debtor harbored actual fraudulent intent at the time of transfer; because the creditor was a future, unknown party not in existence when th
• Int'l Klafter Co., Inc. v. Cont'l Cas. Co., Inc.
  869 F.2d 96· 2d Cir.· 1989-02-21 ·cited 15×
  The court held that the plain language of the general agency agreements permitted termination at will, and the district court properly excluded extrinsic evidence.
• Metallurgical Indus. Inc. v. Fourtek, Inc.
  790 F.2d 1195· 5th Cir.· 1986-06-02 ·cited 15×
  The court held that the trial court erred in directing a verdict for the defendants on the trade secret misappropriation claim, as a reasonable jury could find that a trade secret existed and was misappropriated. The court also found that the trial court abused its discretion in
• United States v. C.E. Light
  766 F.2d 394· 8th Cir.· 1985-07-05 ·cited 15×
  The court held that the parol evidence rule barred extrinsic evidence contradicting the unambiguous terms of the guaranty agreement, and summary judgment was appropriate even without full discovery.
• Ton-Will Enters., Inc. v. T & J Losurdo, Inc.
  440 So. 2d 621· Fla. 2d DCA· 1983-11-16 ·cited 15×
  The grant of summary judgment was improper because material factual issues existed regarding the affirmative defenses of fraudulent misrepresentation and lack of consideration, and the plaintiff failed to demonstrate their legal insufficiency.
• Skinner v. Haugseth
  426 So. 2d 1127· Fla. 2d DCA· 1983-02-04 ·cited 15×
  The Florida District Court of Appeal reversed a dismissal of a real estate contract for specific performance, holding that a contract not signed by all parties may be enforceable against a signing party unless the contract's language or terms clearly condition enforceability on a
• Bleemer v. Keenan Motors, Inc.
  367 So. 2d 1036· Fla. 3d DCA· 1979-01-30 ·cited 15×
  The court held that there is a genuine issue of material fact as to whether the defendants were the purchasers of the automobile, precluding summary judgment.
• Packard Instrument Co., Inc. v. ANS, Inc.
  416 F.2d 943· 2d Cir.· 1969-06-18 ·cited 15×
  The court held that the licensing agreement was ambiguous regarding the transferability of the patent license and that the trial court erred in refusing to consider parol evidence.
• Thomas Jordan, Inc. v. Mayronne Drilling Mud
  214 F.2d 410· 5th Cir.· 1954-06-30 ·cited 15×
  The court held that a charter party provision stating the charterer inspected the barge did not negate the implied warranty of seaworthiness, especially when the defect was latent.
• Cold Metal Process Co. v. United Eng'g & Foundry Co.
  190 F.2d 217· 3d Cir.· 1951-06-08 ·cited 15×
  The court held that the lower court erred in dismissing the counterclaim as not ancillary, and remanded the case for reconsideration of all issues.