Parol Evidence Rule

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

• Elec. Research Prods., Inc. v. Gross
  120 F.2d 301· 9th Cir.· 1941-06-03 ·cited 15×
  The court held that the trial court did not err in excluding parol evidence offered to contradict the written contract.
• Flanagan v. Herrett
  130 Fla. 531· Fla.· 1938-01-07 ·cited 15×
  H.C. Flanagan sought to impose a resulting trust on property titled in his deceased wife's name, arguing he had purchased it and placed title in her name only for protective purposes. The Florida Supreme Court affirmed the lower court's dismissal, holding that clear, unequivocal
• Wooldridge v. State
  49 Fla. 137· Fla.· 1905-01-01 ·cited 15×
  Wooldridge was convicted of forging a school warrant in his capacity as county superintendent of public instruction. On appeal, the Florida Supreme Court upheld the conviction despite 56 assignments of error, holding that a school warrant could be the subject of forgery, handwrit
• Matthews v. Porter
  16 Fla. 466· Fla.· 1878-01-01 ·cited 15×
  Matthews sought specific performance of a conditional purchase agreement for Florida land, arguing that Porter held the property in trust as security for a loan. The Florida Supreme Court affirmed dismissal, holding that the written agreement clearly showed Matthews had only a co
• DK Arena, Inc. v. EB Acquisitions I, LLC
  31 So. 3d 313· Fla. 4th DCA· 2010-04-07 ·cited 14×
  DK Arena owned a jai alai fronton property that it contracted to sell to EB Acquisitions for $23 million. When the parties began negotiating an oral joint venture agreement during the contract's due diligence period, disputes arose over whether EB could recover its $1 million dep
• Harris v. Sch. Bd. OF Duval Cnty.
  921 So. 2d 725· Fla. 1st DCA· 2006-02-17 ·cited 14×
  Former school bus contractors appealed summary judgment dismissing their claims for breach of contract and promissory estoppel against the Duval County School Board. The contractors sought reimbursement for buses purchased under annual contracts that expired on June 30, 2001, aft
• Clark v. State
  698 So. 2d 1274· Fla. 3d DCA· 1997-08-13 ·cited 14×
  Clark filed a motion for discharge after the 175-day speedy trial period expired, but he was only entitled to file a notice of expiration of speedy trial time to trigger a 15-day recapture period. The court held that Clark's failure to use the correct procedural mechanism—a notic
• Darel Taylor and Margaret Taylor Darel Taylor v. The Cont'l Grp. Change IN Control Severance PAY Plan
  933 F.2d 1227· 3d Cir.· 1991-05-29 ·cited 14×
  The court held that the term "successor" in the severance plan is ambiguous, creating genuine issues of material fact regarding its interpretation.
• Fed. Deposit Ins. Corp. v. State Bank OF Virden
  893 F.2d 139· 7th Cir.· 1990-01-11 ·cited 14×
  The court held that a setoff based on rescission of a loan participation due to alleged oral misrepresentations by the failed bank is barred by 12 U.S.C. § 1823(e), as such misrepresentations are treated as unwritten agreements that cannot diminish the FDIC's rights.
• Triple-A Baseball Club Assocs. v. Ne. Baseball, Inc.
  832 F.2d 214· 1st Cir.· 1987-10-13 ·cited 14×
  The court held that the contract was unambiguous and the parties were bound by its terms, reversing the lower court's finding of ambiguity and termination.
• Bilmar Drilling, Inc. v. IFG Leasing Co.
  795 F.2d 1194· 5th Cir.· 1986-08-04 ·cited 14×
  The court held that the district court erred in considering the 'put agreement' for usury purposes and that IFG's motion for attorney fees based on contract was untimely.
• Lampliter Dinner Theater, Inc. v. Liberty Mut. Ins. Co. & Liberty Mut. Fire Ins. Co.
  792 F.2d 1036· 11th Cir.· 1986-06-30 ·cited 14×
  The court held that the insurance policy's language unambiguously excluded liquor liability coverage, and therefore, the insurer had a lawful basis to deny coverage, defeating claims for breach of contract and bad faith. The court also affirmed the dismissal of fraud claims as ti
• The Prudential Ins. Co. OF Am. v. Miller Brewing Co.
  789 F.2d 1269· 7th Cir.· 1986-05-06 ·cited 14×
  The court held that the insurance policy was unambiguous and Miller was liable for the full premium as determined by the policy terms, as there was no mutual mistake or bad faith by Prudential.
• The Lincoln Nat'l Life Ins. Co. v. NCR Corp.
  772 F.2d 315· 7th Cir.· 1985-08-29 ·cited 14×
  The court held that even if a contract existed, the plaintiffs failed to prove they suffered any actual damages from the breach, thus affirming the lower court's denial of damages.
• Trans World Metals, Inc. v. Southwire Co.
  769 F.2d 902· 2d Cir.· 1985-08-05 ·cited 14×
  The court held that the seller's late delivery did not substantially impair the contract's value, and the buyer's repudiation constituted a breach, entitling the seller to damages based on the contract/market price differential.
• Transamerica OIL Corp. v. Lynes, Inc.
  723 F.2d 758· 10th Cir.· 1983-12-21 ·cited 14×
  The court held that invoices containing disclaimers and limitations of remedies are relevant to determining if the parties agreed to those terms, especially when signed by a party with authority or through course of dealing or usage of trade.
• Puckett v. Codisco, Inc.
  440 So. 2d 596· Fla. 2d DCA· 1983-11-04 ·cited 14×
  The court reversed a judgment holding Charles Puckett personally liable for a corporation's debt based on a credit application he signed. The court held that the credit application was ambiguous as to whether Puckett signed in his individual or representative capacity, and theref
• Lowey v. Watt
  684 F.2d 957· D.C. Cir.· 1982-07-02 ·cited 14×
  The court held that RSC's unilateral waiver of the exclusive sales agency provision was effective under federal common law, curing defects in its clients' lease applications.
• Goldbloom v. J. I. Kislak Mortg. Corp.
  408 So. 2d 748· Fla. 3d DCA· 1982-01-12 ·cited 14×
  Goldbloom and Edelstein, as MG Investment, owned office space leased to Kislak Mortgage Corporation. They sued for declaratory judgment and double rent when Kislak attempted to renew the lease at the original rental rate, claiming the renewal clause was ambiguous. The court rever
• United States v. Sacramento Mun. Util. Dist.
  652 F.2d 1341· 9th Cir.· 1981-08-13 ·cited 14×
  The court held that the contract was not unambiguous on its face regarding the recovery of imported power costs, and SMUD's interpretation did not unlawfully intrude upon Congress's power.
• Black v. Fed. Deposit Ins. Corp.
  640 F.2d 699· 5th Cir.· 1981-03-26 ·cited 14×
  The court held that the obligors failed to present evidence of a breach of contract by the lender or FDIC, and that FDIC was protected by federal statute from unwritten agreements.
• Wilson v. Marquette Elecs., Inc.
  630 F.2d 575· 8th Cir.· 1980-07-18 ·cited 14×
  The court held that express and implied warranties were created and breached, and that notice of breach was sufficient, but modified the damages award by disallowing compensation for the buyer's officer's 'lost time'.
• Experimental Eng'g, Inc. v. United Techs. Corp.
  614 F.2d 1244· 9th Cir.· 1980-03-10 ·cited 14×
  The court held that the district court erred in dismissing the plaintiff's claims for failure to state a claim or grant summary judgment, as the plaintiff alleged facts that, if proven, would entitle them to relief and material facts remained in dispute.
• Foxco Indus., Ltd. v. Fabric World, Inc.
  595 F.2d 976· 5th Cir.· 1979-05-22 ·cited 14×
  A foreign corporation's limited solicitation of orders and periodic sales visits to Alabama, without maintaining an office or employees there, constitutes interstate commerce and does not subject it to Alabama's "doing business" statutes, allowing it to sue in federal court. Addi
• Mrs. C. T. Starling v. Valmac Indus., Inc.
  589 F.2d 382· 8th Cir.· 1979-01-10 ·cited 14×
  The court held that the written contracts allowed Valmac to terminate the relationship, and there was insufficient evidence to support a fraud claim.
• Carpenters & Millwrights Health Benefit Tr. Fund v. Gardineer DRY Walling Co.
  573 F.2d 1172· 10th Cir.· 1978-04-10 ·cited 14×
  The court held that Gardineer's collective bargaining agreements obligated it to make contributions to employee benefit trust funds for all its employees, including those on residential projects, and that the trust obligation is satisfied by signing the collective bargaining agre
• A.M.R. Enters., Inc. v. United Postal Sav. Ass'n
  567 F.2d 1277· 5th Cir.· 1978-02-15 ·cited 14×
  The court held that the trial court erred in granting summary judgment because a material issue of fact remained regarding the reasonable duration of the commitment. The court also affirmed the trial court's limitation of damages.
• Fleming v. Fleming
  352 So. 2d 895· Fla. 1st DCA· 1977-11-21 ·cited 14×
  William Fleming, administrator of the estates of Harry and Viola DeVaughn, sought to set aside four deeds and contest Gene Fleming's ownership of jointly-held bank accounts. The court affirmed the trial court's judgment, holding that Mrs. DeVaughn was mentally competent to execut
• Monde Invs. NO. 2, Inc. v. R. D. Taylor-Made Enters., Inc.
  344 So. 2d 871· Fla. 4th DCA· 1977-03-18 ·cited 14×
  Monde Investments, the building owner, appealed judgments in two mechanic's lien foreclosure cases brought by contractors Taylor-Made Enterprises and Hardrives. The court reversed both judgments, finding that Taylor improperly used parol evidence to prove contract extras and that
• Palmer v. Howard
  493 F.2d 830· 10th Cir.· 1974-01-21 ·cited 14×
  The court held that the joint venture agreement limited the Palmer group's liability to the amount of long-term financing and that the Howard group bore the risk of cost overruns. The court also found Wilson liable to indemnify the Howards for his share of the excess costs.
• Whitelock v. Delbert Leatherman
  460 F.2d 507· 10th Cir.· 1972-05-09 ·cited 14×
  The court held that the trial court did not err in ordering specific performance of the agreement to assign mining leases, but affirmed conditionally due to a jurisdictional defect.
• Local 9, Int'l Union OF Operating Eng'rs, AFL-CIO v. Siegrist Constr. Co.
  458 F.2d 1313· 10th Cir.· 1972-05-05 ·cited 14×
  The court held that the Health, Welfare and Pension Agreement unambiguously obligated the company to continue making fringe benefit payments until its expiration date, regardless of whether it was a party to a new master agreement.
• MAY v. United States Leasing Corp.
  239 So. 2d 73· Fla. 4th DCA· 1970-07-14 ·cited 14×
  May and Geilich appealed a summary judgment for United States Leasing Corporation in a lease dispute involving furniture and office equipment. The appellate court reversed, holding that the trial court erred in granting summary judgment on choice-of-law grounds and in failing to
• Megarry Bros., Inc. v. United States
  404 F.2d 479· 8th Cir.· 1968-12-10 ·cited 14×
  The court held that the trial court did not err in submitting the existence of an oral contract for insulation to the jury, but erred in admitting testimony about settlement negotiations.
• Jones v. Chaney & James Constr. Co., Inc.
  399 F.2d 84· 5th Cir.· 1968-08-12 ·cited 14×
  The court held that the contract terms regarding 'excavation' and 'borrow' were ambiguous, and the provision regarding backfill near structures was also unclear, thus presenting questions of fact for the jury.
• Jackson v. SAM Finley, Inc.
  366 F.2d 148· 5th Cir.· 1966-09-06 ·cited 14×
  The court held that the subcontract was valid and enforceable as written, and that the appellant was not entitled to recover the fair value of his work beyond the contract price.
• Searoad Shipping Co. & the Claimant v. E. I. duPONT de Nemours & Co.
  361 F.2d 833· 5th Cir.· 1966-05-26 ·cited 14×
  The court held that on-deck stowage of explosives under a clean, under-deck bill of lading, without justification, constituted a deviation, making the shipowner liable for the loss.
• Cap. Invs. Co. v. Devers
  360 F.2d 462· 4th Cir.· 1966-05-02 ·cited 14×
  The court held that the district court erred in denying interest on the notes issued by Capital Investors Company to the Morrisons, and remanded for a determination of whether to allow rents or interest.
• McKENNA v. Wallis
  344 F.2d 432· 5th Cir.· 1964-01-21 ·cited 14×
  The court held that Louisiana law, which bars parol evidence for interests in mineral leases, controls the dispute over title to the lease, as title had passed from the United States.
• Amalgamated Clothing Workers of Am., Afl-Cio v. Nat'l Labor Relations Bd.
  324 F.2d 228· 2d Cir.· 1963-11-06 ·cited 14×
  The court held that the Board erred in dismissing the complaint, as the employer's refusal to incorporate an oral agreement regarding an incentive factor into the written collective bargaining agreement constituted an unfair labor practice.
• Rothstein v. Forty-Five
  145 So. 2d 565· Fla. 3d DCA· 1962-10-16 ·cited 14×
  Rothstein sued to recover on a $50,000 demand promissory note. The defendant asserted an oral agreement that payment could not be demanded unless all three payees of three identical notes made simultaneous demand and were paid together. The court reversed the trial court's dismis
• Kirtley v. Abrams
  299 F.2d 341· 2d Cir.· 1962-01-17 ·cited 14×
  The court held that the trial judge improperly limited the defendants' ability to present evidence supporting their defense that the written agreement was a sham, requiring a new trial.
• Whitson v. Aurora Iron & Metal Co.
  297 F.2d 106· 7th Cir.· 1961-12-14 ·cited 14×
  The court held that the defendant was entitled to a credit for authorized repair expenditures and that the pre-judgment interest calculation was erroneous regarding the seventh payment.
• United States v. Taylor
  293 F.2d 717· 5th Cir.· 1961-07-26 ·cited 14×
  The court held that ambiguous terms in letter agreements should have been submitted to the jury for interpretation, and that issues of bad faith, punitive damages, and attorney fees were improperly submitted to the jury based on the evidence presented.
• A. Fred Dipo and Ray v. Lilenquist
  282 F.2d 126· 10th Cir.· 1960-07-29 ·cited 14×
  The court held that the contract's provisions for adjusting the purchase price based on undisclosed assets and liabilities were not limited to tax liabilities and encompassed other undisclosed items like the Gallagher account.
• Harrison Sheet Steel Co. v. Morgan
  268 F.2d 538· 8th Cir.· 1959-07-17 ·cited 14×
  The court held that the written contract was ambiguous and, when construed in light of surrounding circumstances and parol evidence, did not obligate the defendant to purchase 150 kitchen units.
• B. F. Goodrich Co. v. Brooks
  113 So. 2d 593· Fla. 2d DCA· 1959-07-08 ·cited 14×
  B. F. Goodrich Company sued James Brooks on ten promissory notes totaling $5,665.88. Brooks asserted a counterclaim and set-off based on alleged credits and adjustments owed by Goodrich. The jury found for Goodrich but only in the reduced amount of $890.80 after applying Brooks's
• Robinson v. Elliot
  262 F.2d 383· 9th Cir.· 1958-12-05 ·cited 14×
  The court held that the taxpayers could recast the transaction as a sale for tax purposes, affirming the lower court's decision.
• Moritt v. Fine
  242 F.2d 128· 5th Cir.· 1957-03-01 ·cited 14×
• Bassato v. Denicola
  80 So. 2d 353· Fla.· 1955-05-11 ·cited 14×
  Bassato appeals a summary judgment entered against him in a promissory note action. The Florida Supreme Court reversed, holding that Bassato's defense—that the notes represented a conditional delivery evidencing his partner's interest in a liquor business rather than a true debt—