Parol Evidence Rule

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

• Asheville Mica Co. v. Commodity Credit Corp.
  335 F.2d 768· 2d Cir.· 1964-08-04 ·cited 12×
  The court held that the trial court erred in refusing to consider extrinsic evidence for contract interpretation and that the 'escalator' clause intended price parity. It also found the antitrust defense unsupported and modified the calculation of CCC's counterclaims.
• E. A. Turner Constr. Co. v. Demetree Builders, Inc.
  141 So. 2d 312· Fla. 1st DCA· 1962-05-15 ·cited 12×
  The parol evidence rule bars evidence that seeks to vary the terms of a written agreement that is intended to be a complete statement of the whole contract.
• Great Am. Ins. Co. v. Gulf Marine Drilling NO. 1
  302 F.2d 332· 5th Cir.· 1962-04-25 ·cited 12×
  The court held that parol evidence is inadmissible to vary the legal effect of an unambiguous subrogation waiver clause, even when offered by a third party.
• Welch v. Sherwin
  300 F.2d 716· D.C. Cir.· 1962-02-08 ·cited 12×
  The court held that a written contract must be enforced as written, and a contemporaneous oral understanding contradicting its plain terms is inadmissible absent fraud or mistake.
• Larnel Builders, Inc. v. John Nicholas in Bankr. of C. B. S. Excavators, Inc.
  123 So. 2d 284· Fla. 3d DCA· 1960-09-22 ·cited 12×
  Larnel Builders appeals a trial court decree awarding a contractor's lien to appellee for construction work and equipment rental. The appellate court affirmed, holding that oral modifications to written contracts are permissible when the parties have accepted and acted upon the m
• Rock-Ola Mfg. Corp. v. Wertz
  282 F.2d 208· 4th Cir.· 1960-08-24 ·cited 12×
  The court held that testimony regarding an alleged oral agreement contradicting explicit provisions of a subsequent written contract was inadmissible under the parol evidence rule.
• Gibson v. United States
  268 F.2d 586· D.C. Cir.· 1959-05-28 ·cited 12×
  The court held that the jury could consider the oral agreement to establish an agency relationship for the down payment, despite the written contract, because the parol evidence rule does not bind the government in a criminal prosecution and exceptions for fraud and mistake appli
• In re the Est. of Joseph Feldman v. Feldman
  109 So. 2d 407· Fla. 2d DCA· 1959-02-06 ·cited 12×
  The Florida District Court of Appeal reversed a probate court order that enforced a disputed settlement agreement regarding the distribution of a deceased's estate because the agreement was ambiguous and involved real property title questions beyond the county judge's jurisdictio
• Federated Mut. Implement & Hardware Ins. Co. v. Fairfax Equip. Co., Inc.
  261 F.2d 207· 10th Cir.· 1958-11-20 ·cited 12×
  The court held that an insurance agent with general authority could bind the insurer to a new oral contract of insurance, even if it varied the terms of a written policy, and that such evidence was admissible.
• Bessemer Props., Inc. v. Barber
  105 So. 2d 895· Fla. 2d DCA· 1958-10-22 ·cited 12×
  Bessemer Properties sold Valencia oranges to a joint venture and sued Irving Barber for the balance owed, claiming both parties were partners in the fruit purchase. The trial court found no partnership existed during the purchase phase and entered judgment for Barber; the appella
• Francis v. United States
  239 F.2d 560· 10th Cir.· 1956-12-14 ·cited 12×
  The court held that the evidence was sufficient to show knowing possession of marihuana seeds and that the seeds were capable of germinating, as required by statute.
• FOX Midwest Theatres, Inc. v. Means
  221 F.2d 173· 8th Cir.· 1955-03-29 ·cited 12×
  The court held that extrinsic evidence was admissible to explain the ambiguous language in paragraph 3 of the settlement agreement, which referred to future rights regarding film runs, clearances, and playing positions.
• A. F. Buchanan and wife v. Sinclair OIL & GAS Co.
  218 F.2d 436· 5th Cir.· 1955-01-18 ·cited 12×
  Drilling and production from a pooled unit well preserves the entire lease, preventing termination for failure to pay delay rentals on non-unitized portions. An oral agreement to supply gas requirements cannot vary the terms of a written lease.
• City of Erlanger v. Berkemeyer
  207 F.2d 832· 6th Cir.· 1953-05-11 ·cited 12×
  The court held that while the trial court erred in admitting a copy of an ordinance as evidence, the bonds were negotiable and enforceable in the hands of holders in due course, with a modification regarding the extent of the bank's holder status.
• Jordan v. Hall-Miller Drilling Co.
  203 F.2d 443· 10th Cir.· 1953-04-13 ·cited 12×
  The court held that oral representations do not alter a clear written contract unless fraud, accident, or mutual mistake is proven.
• Virgin Islands Corp. v. W. A. Taylor & Co.
  202 F.2d 61· 2d Cir.· 1953-01-08 ·cited 12×
  The court held that the complaint, when construed favorably to the plaintiff, sufficiently alleged a cause of action, and the district judge erred in dismissing it.
• Camerlin v. N.Y. Cent. R. Co.
  199 F.2d 698· 1st Cir.· 1952-11-12 ·cited 12×
  A release signed by an employee under the Federal Employers' Liability Act is void if induced by deliberately false and material statements by the railroad's representatives, or by a material mistake of law caused by justifiable reliance on an innocent misrepresentation of law by
• United Pac. Ins. Co. v. Nw. Nat. Ins. Co.
  185 F.2d 443· 10th Cir.· 1950-11-13 ·cited 12×
  The court held that the insurance company was bound by the contract as understood by the agent and the insured, even if the policy contained different terms, due to the agent's knowledge and representations.
• Hall v. Keller
  180 F.2d 753· 5th Cir.· 1950-03-20 ·cited 12×
  The court held that the defendant acquired no interest in the patent through the assignment from the Robinson estate, as the claims transferred were from an abandoned application and did not cover the patent in suit. The supplemental license agreement also did not transfer any in
• Popplewell v. Stevenson
  176 F.2d 362· 10th Cir.· 1949-08-02 ·cited 12×
  The court held that evidence showing the leased property contained fewer than twenty-six rooms was admissible, even though the lease recited twenty-six rooms, because the action was statutory and not based on the lease itself.
• Rollison v. Wash. Nat. Ins. Co.
  176 F.2d 364· 4th Cir.· 1949-07-30 ·cited 12×
  The court held that the plaintiff's claims, whether in contract or tort, failed as a matter of law due to the parol evidence rule and the plaintiff's failure to exercise ordinary care.
• Cohn v. Cohn
  171 F.2d 828· D.C. Cir.· 1948-12-29 ·cited 12×
  The court held that oral testimony is insufficient to prove a change in beneficiary for a National Service Life Insurance policy when regulations require a writing.
• Brown v. Prince
  161 F.2d 537· 10th Cir.· 1947-05-06 ·cited 12×
  The court held that parol evidence was admissible to clarify the ambiguous capacity in which E.B. Prince signed the contract, and the trial court's finding that she signed in a representative capacity was supported by substantial evidence.
• Kordewick v. Ind. Harbor Belt R. Co.
  157 F.2d 753· 7th Cir.· 1946-10-19 ·cited 12×
  The court held that the contract was unwritten and the action was barred by the statute of limitations.
• Patton v. Lewis
  146 F.2d 544· 10th Cir.· 1944-12-20 ·cited 12×
  The court held that the trial court's findings were not clearly erroneous and that the judgment was not ill-founded in law, affirming the decision.
• Stern v. Commissioner of Internal Revenue
  137 F.2d 43· 2d Cir.· 1943-07-19 ·cited 12×
  Income from a trust established with funds from third parties, not the husband, is not taxable to the husband for income tax purposes, even if it was to relieve him of alimony obligations.
• Patterson v. Tex. Co.
  131 F.2d 998· 5th Cir.· 1942-12-07 ·cited 12×
  The court held that the plaintiffs were not entitled to a share of the consideration paid for the leases because the jury found no bonus was paid and the leases had no bonus value. Overriding royalties were correctly classified as royalty, not bonus.
• Fed. Deposit Ins. Corp. v. Vest
  122 F.2d 765· 6th Cir.· 1941-05-14 ·cited 12×
  A party cannot use a secret, illegal agreement to defeat an obligation when that agreement violates a statute designed to protect bank creditors.
• Hartsfield v. Williams
  145 Fla. 709· Fla.· 1941-01-28 ·cited 12×
  The Florida Supreme Court affirmed a lower court's cancellation of a mortgage executed under fraudulent misrepresentation. The defendant B.D. Hartsfield deceived illiterate plaintiffs about the amount owed on their debt, causing them to execute a mortgage for $4,300 when the actu
• Donie Williams as Administratrix of the Estate of T. F. Williams v. McAdow
  103 Fla. 644· Fla.· 1931-11-23 ·cited 12×
  In this trust dispute, the Florida Supreme Court affirmed a chancellor's dismissal of a complaint seeking to enforce an alleged oral trust created in 1914 over shares of stock placed with P. W. McAdow. The court held that the complainant failed to prove the trust by clear and con
• Munroe v. Carroll
  80 Fla. 206· Fla.· 1920-07-05 ·cited 12×
  Complainants sought to establish that a 1894 deed was actually a mortgage securing a debt owed to Charles T. Carroll, but the trial court excluded their testimony regarding transactions with the deceased Carroll. The Florida Supreme Court affirmed, holding that under Section 1505
• Baumeister v. Kuntz
  53 Fla. 340· Fla.· 1907-01-01 ·cited 12×
  In this 1907 Florida case, the court affirmed judgment against an endorser of promissory notes who endorsed in blank before delivery to give credit to the corporate maker. The court held that an endorser's waiver of presentment may be implied from the circumstances and conduct of
• Wilson & Hunting v. McClenny
  32 Fla. 363· Fla.· 1893-06-01 ·cited 12×
  Wilson & Hunting appeals a judgment for debt against them by C. B. McClenny for $1,500 owed under a railroad rail-removal contract. The defendants claimed the debt was offset by a promissory note for $1,500, but the plaintiff alleged a subsequent agreement that the note would be
• Eckman & Vetsburg v. S. Brash & Son
  20 Fla. 763· Fla.· 1884-06-01 ·cited 12×
  Eckman & Vetsburg sued S. Brash & Son to enforce a guaranty of a debt owed by H. Brash, relying on a receipt signed by defendants. The Florida Supreme Court affirmed the dismissal, holding that the receipt did not constitute a valid written agreement to guarantee payment of H. Br
• Lowe v. Nissan of Brandon, Inc.
  235 So. 3d 1021· Fla. 2d DCA· 2018-01-05 ·cited 11×
  When a Purchase Agreement and an Installment Contract are executed contemporaneously as part of a vehicle purchase transaction, and the Installment Contract is a condition precedent to formation of the Purchase Agreement, the Purchase Agreement is the operative contract governing
• Rosenthal v. Rosenthal
  199 So. 3d 541· Fla. 1st DCA· 2016-09-13 ·cited 11×
  A former husband challenged a trial court's dismissal of his petition to modify alimony based on his ex-wife's cohabitation with a third party. The court reversed, holding that the marital settlement agreement did not contain clear and unambiguous language waiving the statutory r
• Life Care Ponte Vedra, Inc. v. H.K. WU
  162 So. 3d 188· Fla. 5th DCA· 2015-02-06 ·cited 11×
  Life Care Ponte Vedra appealed a summary judgment in favor of the Wus regarding interpretation of a continuing care retirement community contract. The central issue was whether the Wus had "occupied" their residence, which determined whether they were entitled to a refund under s
• Sadruddin Babul and Rahmat Barkat v. Golden Fuel, Inc.
  990 So. 2d 680· Fla. 2d DCA· 2008-09-19 ·cited 11×
  Sadruddin Babul and Rahmat Barkat appealed a summary judgment for breach of contract entered against them individually by Golden Fuel, Inc. The court reversed, finding that genuine issues of material fact existed regarding whether the defendants signed the contract as individual
• Weisfeld-Ladd v. In re Est. OF Norman K. Ladd
  920 So. 2d 1148· Fla. 3d DCA· 2006-02-01 ·cited 11×
  A wife appeals the denial of her petition to claim an elective share in her deceased husband's estate, arguing the prenuptial agreement did not effectively waive that right. The court affirms, holding that the prenuptial agreement's language was ambiguous but parol evidence of th
• Schwartz v. Greico
  901 So. 2d 297· Fla. 2d DCA· 2005-04-29 ·cited 11×
  In this contract interpretation case, the court affirmed a judgment on the pleadings determining that a former wife was entitled to one-sixth of the net proceeds from the sale of an entire parcel of real property, not just one-sixth of proceeds from her ex-husband's one-half inte
• Beach St. Bikes, Inc. v. Bourgett's Bike Works, Inc.
  900 So. 2d 697· Fla. 5th DCA· 2005-04-22 ·cited 11×
  Beach Street Bikes appeals a judgment finding it breached a motorcycle dealer contract with Bourgett by failing to purchase a minimum number of bikes. The appellate court reversed the breach finding, holding that the addendum clearly eliminated any binding minimum purchase obliga
• Noack v. Blue Cross & Blue Shield OF Fla., Inc.
  742 So. 2d 433· Fla. 1st DCA· 1999-09-16 ·cited 11×
  Noack, an insurance agent, appealed the dismissal of claims against Blue Cross for cancellation of its insurance agency contract. The court affirmed dismissal of breach of contract, bad faith, and conspiracy claims, but reversed dismissal of fraud in the inducement, reformation,
• Cook v. Theme Park Ventures, Inc.
  633 So. 2d 468· Fla. 5th DCA· 1994-02-04 ·cited 11×
  Cook appeals a summary judgment denying his claimed security interest in a valuable Jackson Pollock painting owned by Theme Park Ventures. The court reversed, holding that genuine issues of material fact exist regarding whether multiple documents—a signed letter and enclosed unsi
• Invs. Ins. Co. OF Am. v. Dorinco Reinsurance Co.
  917 F.2d 100· 2d Cir.· 1990-10-24 ·cited 11×
  The court held that the plain language of the indemnification clause did not cover the draw down from the Deposit Fund, and Investors failed to prove mutual mistake for reformation.
• Wikoff v. Vanderveld
  897 F.2d 232· 7th Cir.· 1990-03-01 ·cited 11×
  The court held that the stock purchase agreement unambiguously warranted the accuracy of financial statements and that the warranties survived closing, thus reversing the district court's finding of ambiguity and reliance.
• Polk v. Crittenden
  537 So. 2d 156· Fla. 5th DCA· 1989-01-12 ·cited 11×
  This case concerns a citrus grove property sale where the buyer, Crittenden, claimed an oral agreement with the seller, Polk Sr., that would relieve him of personal liability on the mortgage note if a freeze destroyed the grove. The trial court granted summary judgment for Critte
• Brine v. Fertitta
  537 So. 2d 113· Fla. 2d DCA· 1988-11-18 ·cited 11×
  An option contract for real property that provides no limitation on the time of exercise is void as an unreasonable restraint upon alienation, and promissory estoppel cannot be based on such a void contract.
• In re The Pearson Bros. Co.
  787 F.2d 1157· 7th Cir.· 1986-04-04 ·cited 11×
  The court held that the bankruptcy court's determination that a loan participation is not an indirect obligation was a finding of fact, not a conclusion of law, and thus could not be set aside unless clearly erroneous.
• Chung v. Overseas Navigation Co., Ltd.
  774 F.2d 1043· 11th Cir.· 1985-10-25 ·cited 11×
  The court held that the penalty wage statute does not require signed shipping articles or a completed voyage, and that a shipowner cannot shift liability for penalty wages to a buyer through an indemnity agreement, as it violates public policy. The court also held that penalty wa
• Cent. Bank & Tr. Co. v. Diaz
  442 So. 2d 1005· Fla. 3d DCA· 1983-11-22 ·cited 11×
  Florida appellate court reversed denial of mortgage foreclosure, holding that unambiguous mortgage and guaranty language cannot be varied by parol testimony, and bank was entitled to foreclose on guarantor's property.