Parol Evidence Rule

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

• Azcunce v. Est. OF Rene R. Azcunce
  586 So. 2d 1216· Fla. 3d DCA· 1991-09-17 ·cited 8×
  Patricia Azcunce, born after her father's will but before his second codicil, sought a statutory share as a pretermitted child. The court held that when a codicil expressly republishes a prior will, a child born between the original will and the codicil loses pretermitted child s
• Schubot v. McDonalds Corp.
  757 F. Supp. 1351· S.D. Fla.· 1990-12-26 ·cited 8×
  The court held that plaintiffs' claims of fraud, statutory violations, breach of contract, and tortious interference failed because the written agreements contained release and disclaimer clauses that superseded any prior oral representations, and because plaintiffs lacked a lega
• Dibidale OF La., Inc. v. Am. Bank & Tr. Co.
  916 F.2d 300· 5th Cir.· 1990-11-06 ·cited 8×
  The dissent argues that the bank anti-tying provision requires proof that a bank imposed a tying arrangement as a mandatory condition for a loan, not merely suggested it.
• Miller v. Balcanoff
  566 So. 2d 1340· Fla. 1st DCA· 1990-09-05 ·cited 8×
  G. David Miller defaulted on a $135,000 promissory note payable to Gregory Balcanoff. The trial court interpreted a grace period clause as an acceleration provision and awarded the entire principal balance plus interest. The First District Court of Appeal reversed, holding that t
• Schoch v. First Fid. Bancorporation & Indus. Valley Title Ins. Co.
  912 F.2d 654· 3d Cir.· 1990-08-27 ·cited 8×
  The court held that the plaintiff failed to establish genuine issues of material fact regarding his bonus, wrongful discharge, and deferred compensation claims, and that his pension benefit claims were derivative and thus also failed.
• Stokes v. Georgia-Pacific Corp.
  894 F.2d 764· 5th Cir.· 1990-02-22 ·cited 8×
  The court held that parol evidence was admissible to prove detrimental reliance, and that the award of interest from the date of judgment was proper.
• Fin. Timing Publ'ns, Inc. v. Compugraphic Corp.
  893 F.2d 936· 8th Cir.· 1990-01-09 ·cited 8×
  The court held that procedural removal requirements are waivable, and the plaintiff waived objections to the timeliness of the removal petition. The court also held that a contractual limitations period does not bar a fraud in the inducement claim if the contract language does no
• Boren v. N.L. Indus., Inc.
  889 F.2d 1463· 5th Cir.· 1989-12-12 ·cited 8×
  Summary judgment for defendants was proper because N.L. Industries fulfilled its contractual obligations and all state law claims against Metropolitan Life Insurance Company were preempted by ERISA.
• Newport Seafood, Inc. v. Neptune Trading Corp.
  555 So. 2d 376· Fla. 3d DCA· 1989-10-24 ·cited 8×
  Newport Seafood appeals summary judgment entered in favor of Alfredo Alvarez, president of Neptune Trading, on worthless check claims. The court reverses and remands, holding that genuine issues of material fact exist regarding whether Alvarez signed the checks in a representativ
• Sorokwasz v. Kaiser
  549 So. 2d 1209· Fla. 3d DCA· 1989-10-17 ·cited 8×
  Sorokwasz, a Texas resident and corporate officer, guaranteed an investment made by Kaiser, a Florida resident, in Western Oil Corporation. After Western drew on a letter of credit secured by the guarantee, Kaiser sued in Florida for payment. The trial court entered summary judgm
• Les van Dyke v. Coburn Enters., Inc.
  873 F.2d 1094· 8th Cir.· 1989-04-28 ·cited 8×
  The court affirmed the directed verdict on federal and state securities registration claims and the jury verdict on the conversion counterclaim, but reversed the award of prejudgment interest on the conversion counterclaim.
• Mullins v. Sunshine State Serv. Corp.
  540 So. 2d 222· Fla. 5th DCA· 1989-03-23 ·cited 8×
  The court held that the guarantor's liability was limited to the original principal amount of the note, not future advances, as the guaranty language was not broad enough to encompass them.
• Empro Mfg. Co., Inc. v. Ball-Co Mfg., Inc.
  870 F.2d 423· 7th Cir.· 1989-03-16 ·cited 8×
  A preliminary document stating that the agreement is "subject to" a definitive contract, and listing conditions precedent, does not create a binding obligation to proceed with the transaction.
• Cloverdale Equip. Co. v. Simon Aerials, Inc.
  869 F.2d 934· 6th Cir.· 1989-03-10 ·cited 8×
  The court held that the district court properly granted summary judgment because the contract clearly allowed termination upon sixty days' written notice, and Cloverdale failed to present sufficient evidence of bad faith, ambiguity, or subsequent modification to overcome this rig
• Gould v. Lambert Excavating, Inc.
  870 F.2d 1214· 7th Cir.· 1989-03-09 ·cited 8×
• Union Nat'l Bank OF Little Rock v. Fed. Nat'l Mortg. Ass'n
  860 F.2d 847· 8th Cir.· 1988-11-02 ·cited 8×
  The court held that summary judgment was inappropriate regarding contract modification due to genuine factual disputes over the interpretation of the June 10, 1985 letter, and affirmed the dismissal of the RICO claim.
• Greco v. Dep't OF THE Army
  852 F.2d 558· Fed. Cir.· 1988-07-28 ·cited 8×
• The Boatmen's Nat'l Bank OF ST. Louis v. Smith
  835 F.2d 1200· 7th Cir.· 1987-12-15 ·cited 8×
  The court held that the loan agreement unambiguously restricted the use of funds for the debtor's tax liabilities, and the bank effectively restricted the funds, thus they were not available to satisfy a judgment creditor.
• Ross OIL Corp. v. Foshee
  517 So. 2d 713· Fla. 5th DCA· 1987-12-10 ·cited 8×
  The court held that the guarantee language was unambiguous as a matter of law, and it was error to admit parol evidence of the guarantor's intent.
• Hartman v. W.D. Blankenship
  825 F.2d 26· 4th Cir.· 1987-08-03 ·cited 8×
  The dissenting judge holds that the district court properly found the guilty plea involuntary due to the prosecution's broken promise regarding a sentencing recommendation.
• Clark E. Johnson v. The Levy Org. Dev. Co., Inc.
  789 F.2d 601· 7th Cir.· 1986-04-30 ·cited 8×
  The court held that the purchase agreement, containing an integration clause, was the complete contract and did not incorporate the property report's mention of 10-foot ceilings. The appeal was timely filed.
• Fabian v. Ryan
  486 So. 2d 10· Fla. 3d DCA· 1986-03-04 ·cited 8×
  Although parol evidence is generally admissible to establish omitted terms of an option to buy in a lease, testimony about the decedent's statements regarding those terms is barred by Florida's Deadman's Statute.
• In re Morris Paint & Varnish Co.
  773 F.2d 130· 7th Cir.· 1985-09-05 ·cited 8×
  The court held that Morris failed to present specific facts demonstrating detrimental reliance on the Bank's alleged promises, thus the Bank was entitled to apply insurance proceeds to the loan balance.
• Venema v. Tost
  424 So. 2d 786· Fla. 3d DCA· 1982-07-20 ·cited 8×
  The court reversed a specific performance order because the contract's property description was insufficiently detailed and parol evidence cannot cure patent ambiguities; the court also found the trial court erred in failing to apply laches as a defense.
• Stein v. Miss Franie's, Inc.
  417 So. 2d 726· Fla. 1st DCA· 1982-07-13 ·cited 8×
  The court held that the trial court erred in dismissing the complaint, as parol evidence is admissible to determine the capacity in which the individuals signed the guaranty.
• Quiring v. Plackard
  412 So. 2d 415· Fla. 3d DCA· 1982-04-13 ·cited 8×
  The court held that the acceleration clause in the mortgage prevailed over the discount clause, and the trial court properly excluded extrinsic evidence and reserved jurisdiction for attorneys' fees.
• Payroll Express Corp. v. The AETNA Cas. & Sur. Co.
  659 F.2d 285· 2d Cir.· 1981-09-09 ·cited 8×
  The court held that the insurance policy was non-cancellable except for non-payment of premiums, reversing the lower court's decision to limit the non-cancellation period. The court found that the parties intended the policy to be permanently non-cancellable, subject only to prem
• Balark v. Curtin
  655 F.2d 798· 7th Cir.· 1981-07-31 ·cited 8×
  The court should reverse the denial of the motion to quash the garnishment summons based on the parties' stipulated agreement and Illinois public policy.
• Grady v. Grady
  395 So. 2d 643· Fla. 4th DCA· 1981-02-25 ·cited 8×
  In this trust interpretation case arising from a dissolution of marriage, the Florida appellate court reversed the trial court's decision that required equal division of trust income between a former husband and wife. The court held that the trust instrument's language and struct
• E. C. Ernst, Inc. v. Koppers Co., Inc.
  626 F.2d 324· 3d Cir.· 1980-07-25 ·cited 8×
  The court held that the total cost method is permissible for proving damages under Pennsylvania law, but the plaintiff's application of it was flawed. It also held that the defendant was estopped from enforcing a contractual notice requirement for extra work due to its conduct.
• United States v. Bass
  618 F.2d 500· 8th Cir.· 1980-04-15 ·cited 8×
  The court held that the loan documents clearly placed the duty to insure collateral on the borrower, not the bank, and that the auction of collateral was commercially reasonable.
• Ford Motor Credit Co. v. Milburn
  615 F.2d 892· 10th Cir.· 1980-02-08 ·cited 8×
  The court held that the trial court erred in denying judgment notwithstanding the verdict against Jane Milburn because her attorney-client relationship with the closing attorney precluded a fraud in the inducement defense. The court also held that the jury could not find for the
• Saco Dev., Inc. v. Joseph Bucheck Constr. Corp.
  373 So. 2d 419· Fla. 1st DCA· 1979-07-26 ·cited 8×
  This case involves a dispute over an indemnity agreement and mutual releases executed between joint venture partners. The court reversed a summary judgment for one party, finding ambiguity in the documents that required further factual determination, but affirmed a summary judgme
• Int'l Telemeter Corp. v. Teleprompter Corp.
  592 F.2d 49· 2d Cir.· 1979-01-15 ·cited 8×
  The court held that parties manifesting an intention to be bound by a signed contract require clear proof to show they intended to be bound before signing.
• Sunbury Textile Mills, Inc. v. Commissioner of Internal Revenue
  585 F.2d 1190· 3d Cir.· 1978-10-31 ·cited 8×
  The court held that the Tax Court erred in interpreting the contract as giving Sunbury an option to cancel, rather than a right to cancel for cause, and that Sunbury was entitled to the investment tax credit.
• McLOUTH Steel Corp. v. Jewell Coal & Coke Co.
  570 F.2d 594· 6th Cir.· 1978-01-12 ·cited 8×
  The court held that the contract was ambiguous and required consideration of parol evidence and surrounding circumstances for interpretation, disagreeing with the lower court's finding of unambiguous requirements contract.
• Century Fed. Sav. & Loan Ass'n (formerly Ormond Beach Fed. Sav. & Loan Association) v. Madorsky
  353 So. 2d 868· Fla. 1st DCA· 1977-12-15 ·cited 8×
  Century Federal Savings and Loan Association appeals the denial of its motion to dismiss an unjust enrichment claim filed by borrowers who prepaid their mortgage and challenged the prepayment penalty. The court holds that parties to a contract may establish its terms without judi
• U. S. Indus., Inc. v. Semco Mfg., Inc.
  562 F.2d 1061· 8th Cir.· 1977-08-29 ·cited 8×
  The court held that a contract was formed and Semco breached it by refusing to supply materials as agreed, entitling FSM to damages.
• Reno v. Beckett
  555 F.2d 757· 10th Cir.· 1977-03-14 ·cited 8×
  The court held that a purported oral modification of a real estate contract, extending performance time to resolve a title defect caused by litigation, was a substantial modification requiring a writing under the Statute of Frauds and was not enforceable.
• H. I. Resorts, Inc. v. Touchton
  337 So. 2d 854· Fla. 2d DCA· 1976-10-06 ·cited 8×
  A real estate broker sought commissions from a buyer for land contracts the broker procured, even though the buyer defaulted on several of the transactions. The court affirmed liability on two transactions but reversed on a third due to the broker's waiver of rights upon disburse
• Int'l Bus. Machs. Corp. v. Catamore Enters., Inc.
  548 F.2d 1065· 1st Cir.· 1976-09-30 ·cited 8×
  The court held that the one-year limitation of liability clause in the Systems Engineering Services (SES) agreement barred Catamore's contract claims for breach of two oral agreements, as the Service Estimates incorporated the SES terms.
• Coleman v. Holecek
  542 F.2d 532· 10th Cir.· 1976-09-27 ·cited 8×
  The court held that Allstate wrongfully refused to defend its insured, making it liable for the full judgment amount, and that attorney's fees were recoverable in a garnishment proceeding under the Kansas insurance code.
• Arnold Palmer Golf Co. v. Fuqua Indus., Inc.
  541 F.2d 584· 6th Cir.· 1976-08-31 ·cited 8×
  The court held that the district court erred in granting summary judgment, as the parties' intent to be bound by the Memorandum of Intent presented a factual issue for trial.
• Food Handlers Local 425 OF the Amalgamated Meat Cutters & Butcher Workmen OF N. Am., AFL-CIO v. Valmac Indus., Inc.
  528 F.2d 217· 8th Cir.· 1975-12-16 ·cited 8×
  The court held that the Union was entitled to reformation of the contract due to Valmac's fraudulent alteration of a provision, and that damages were properly calculated.
• Atl. Lines, Ltd. v. Narwhal, Ltd.
  514 F.2d 726· 5th Cir.· 1975-06-16 ·cited 8×
  The court held that the district court erred in ruling as a matter of law that 'definite sale' in a charter party cancellation clause means a consummated sale, and that the distinction between a 'sale' and a 'contract of sale' could not be disregarded. The court vacated and reman
• United Broad. Co., Inc. v. Armes
  506 F.2d 766· 5th Cir.· 1975-01-20 ·cited 8×
  The court held that the jury's finding of an $80,000 agreement was supported by substantial evidence, and that the trial court did not err in its rulings or instructions.
• Dutch Inns OF Am., Inc. v. Jenkins
  301 So. 2d 119· Fla. 3d DCA· 1974-09-03 ·cited 8×
  Dutch Inns appeals a judgment awarding an architect fees for design services on a motel project. The court affirmed the trial court's finding that the architect established a prima facie case for payment under the contract, rejected the defendant's affirmative defense regarding c
• Yilmaz M. Akdoruk & Faye H. Akdoruk t/a Akdoruk & Assocs. v. Advanced JET Sys., Inc.
  296 So. 2d 656· Fla. 3d DCA· 1974-06-26 ·cited 8×
  Appellants sued on an alleged contract allegedly signed by H. Dean Frederick as president of Southwind Aviation, Inc. The trial court granted defendant's oral motion to dismiss the complaint at the conclusion of plaintiff's opening statement, finding the attached contract did not
• Brown v. Fin. Serv. Corp.
  489 F.2d 144· 5th Cir.· 1974-02-07 ·cited 8×
  The court held that while the cover letter was part of the contract, it did not create an affirmative duty for the company to repurchase the stock, but rather an obligation to exercise its option promptly.
• In re Pub. Leasing Corp. (two cases). Cmty. Nat'l Bank OF Warr Acres v. Victory
  488 F.2d 1369· 10th Cir.· 1973-12-14 ·cited 8×
  A Chapter 10 reorganization proceeding is not a bankruptcy in the ordinary sense, and a creditor is entitled to attorney fees incurred prior to adjudication in bankruptcy. The cross-collateralization clause in security agreements is valid and should be given effect.