Parol Evidence Rule

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

• The Gen. Tire & Rubber Co. v. The Firestone Tire & Rubber Co.
  489 F.2d 1105· 6th Cir.· 1973-11-20 ·cited 8×
  The court held that General Tire's patent for oil-extended synthetic rubber was valid and that Firestone was licensed to use it as a nominee of the U.S. Government.
• Int'l Minerals & Chem. Corp. v. Husky OIL Co.
  485 F.2d 153· 7th Cir.· 1973-09-27 ·cited 8×
  The dissenting judge believes that the conveyance of property in exchange for the surrender of a note discharged the entire obligation, including interest, based on the plain language of the agreement.
• Vanston v. Conn. Gen. Life Ins. Co.
  482 F.2d 337· 5th Cir.· 1973-05-17 ·cited 8×
  The court held that the plaintiff's contractual damages claim was foreclosed by the jury's factual determination, tainted by inadmissible evidence, and that the plaintiff's attempt to use a witness's prior inconsistent statements for impeachment was improper.
• Harvey Radio Labs., Inc. v. Commissioner OF Internal Revenue
  470 F.2d 118· 1st Cir.· 1972-12-13 ·cited 8×
  A taxpayer cannot unilaterally reallocate the agreed-upon value of a covenant not to compete for tax purposes, absent fraud, mistake, or duress, if the parties explicitly allocated a portion of the purchase price to it.
• Potter v. Rowan
  266 So. 2d 121· Fla. 2d DCA· 1972-08-18 ·cited 8×
  Potter sued Rowan for payment on a construction contract for a beach house built on a cost-plus basis with an alleged ceiling price of $41,500. The court affirmed that parol evidence was properly admitted to establish the ceiling price term despite the written cost-plus contract,
• KLPR TV, Inc. v. Visual Elecs. Corp.
  465 F.2d 1382· 8th Cir.· 1972-08-10 ·cited 8×
  The court held that KLPR waived its warranty rights by accepting the equipment and failing to provide timely notice of breach, but affirmed the trial court's finding of an express warranty to Noark. The court reversed the damages awarded to Noark, finding them unsupported by evid
• Kilpatrick Bros., Inc. v. Int'l Bus. Machs. Corp.
  464 F.2d 1080· 10th Cir.· 1972-07-19 ·cited 8×
  The court held that the lease agreement was binding on Kilpatrick Brothers and that the Oklahoma statute allowed for attorney fees in this collection action.
• Hinds v. Plantation Pipe Line Co.
  455 F.2d 902· 5th Cir.· 1972-02-22 ·cited 8×
  The court held that the trial court erred in directing a verdict for the defendants, as there were jury questions regarding the existence and breach of an alleged oral agreement.
• Deshotels v. United States
  450 F.2d 961· 5th Cir.· 1971-11-03 ·cited 8×
  An attorney's designation of a contingent fee as "coupled with an interest" does not, by itself, create a present economic interest in the subject matter for tax purposes, especially when parol evidence contradicts the plain meaning of the contract.
• EL Salto, S.A. v. PSG Co.
  444 F.2d 477· 9th Cir.· 1971-05-12 ·cited 8×
  The court held that a Robinson-Patman Act violation inherent in a contract does not bar enforcement of the contract if enforcement does not enforce the unlawful conduct, and that a subpoena is required to compel a non-party's deposition attendance.
• Mohasco Indus., Inc. v. The Maxwell Co., Inc.
  425 F.2d 436· 5th Cir.· 1970-04-30 ·cited 8×
  The court held that the guaranty was a special guaranty strictly construed to cover only direct sales, not assigned accounts receivable.
• Schewe v. Bentsen
  424 F.2d 60· 5th Cir.· 1970-04-06 ·cited 8×
  The court held that parol evidence cannot be used to vary the terms of a deed when those terms are unambiguous, and a conveyance 'subject to' a mortgage does not impose personal liability on the grantee.
• The United States v. Southern Ute Tribe or Band of Indians
  423 F.2d 346· Ct. Cl.· 1970-03-20 ·cited 8×
  The court held that a prior judgment, based on a stipulation, barred the current claim for land sales and compensation, as the stipulation's language was sufficiently broad to cover the land in dispute.
• United States v. Ivey
  414 F.2d 199· 5th Cir.· 1969-07-23 ·cited 8×
  The court held that advances received by a cotton farmer from his broker, pending the broker's sale of the farmer's cotton as agent, were interest-bearing loans and not sales proceeds, thus not includable in income when received.
• Warren v. Confederation Life Ass'n
  401 F.2d 487· 1st Cir.· 1968-10-11 ·cited 8×
  A condition precedent in a life insurance policy application, requiring the applicant to be in the same health as described in the application when the first premium is paid, is valid and enforceable, even if the insurer had some knowledge of prior health issues.
• Walter D. Sanders in Bankr. for the Atlanta Times, Inc. v. Commercial Credit Corp.
  398 F.2d 988· 5th Cir.· 1968-07-10 ·cited 8×
• Greenebaum Mortg. Co. v. Town & Garden Assocs.
  385 F.2d 347· 7th Cir.· 1967-10-24 ·cited 8×
  The court held that the district court erred in granting summary judgment because a genuine issue of material fact existed regarding whether the loan delivery was conditional.
• Ryder Truck Rental, Inc. v. Nat'l Packing Co., Inc.
  380 F.2d 328· 10th Cir.· 1967-06-23 ·cited 8×
  The court held that a public sale was not a condition precedent to recovering damages for breach of a purchase obligation under the lease agreement, and that summary exhibits were properly admitted despite some supporting documents being lost in a flood.
• Smith Eng'g & Constr. Co. v. United States Fid. & Guar. Co.
  199 So. 2d 302· Fla. 1st DCA· 1967-05-30 ·cited 8×
  Smith Engineering challenges a partial summary decree finding it liable under mortgages to United States Fidelity and Guaranty Company. The court affirmed the summary decree, holding that Smith's defense based on parol evidence contradicting the unambiguous mortgage terms was pro
• Docia Rucks v. Ansin
  198 So. 2d 662· Fla. 4th DCA· 1967-05-16 ·cited 8×
  The court held that the trial court did not err in reforming the deed to reflect the parties' true intent, as the evidence supported a mutual mistake in the property description.
• Niagara Therapy Mfg. Corp. v. Niagara Cyclo Massage OF Miami, Inc.
  196 So. 2d 474· Fla. 3d DCA· 1967-03-21 ·cited 8×
  The court held that the trial court did not err in admitting parol testimony to clarify ambiguous contract provisions regarding sales rights and quota terms, and that the jury's damages award had a reasonable basis in the evidence.
• LAS Mendozas, Inc. v. Powell
  368 F.2d 445· 5th Cir.· 1966-11-04 ·cited 8×
  The court held that the appellant's claims against the appellees were barred by the Texas two-year statute of limitations.
• Sears v. The Cleveland Tr. Co.
  355 F.2d 705· 6th Cir.· 1966-02-08 ·cited 8×
  The court held that the two-year statute of limitations for personal property damage applies to a breach of contract claim for property damage arising from a lease covenant, and that the exclusion of evidence of local trade custom was proper.
• Horvath v. Five Points Nat'l Bank OF Miami
  182 So. 2d 22· Fla. 3d DCA· 1966-01-11 ·cited 8×
  Appellants sought to review an order dissolving a temporary injunction issued in their complaint against a bank. The court affirmed the dissolution, holding that the complaint failed to state a cause of action because appellants did not tender accrued interest into the court regi
• Light v. King
  179 So. 2d 398· Fla. 3d DCA· 1965-11-02 ·cited 8×
  Light appealed a judgment requiring him to pay a promissory note to King. The trial court found that Light guaranteed a corporate loan and executed the note as evidence of that guarantee, and the appellate court affirmed the judgment because substantial evidence supported the tri
• Reg'l Enters., Inc. v. Teachers Ins. & Annuity Ass'n OF Am.
  352 F.2d 768· 9th Cir.· 1965-10-26 ·cited 8×
  The court held that the inter-office memorandum and cover letter did not constitute a repudiation or imposition of impossible conditions, and thus the deposit was forfeitable under the contract.
• Young v. United States
  327 F.2d 933· 5th Cir.· 1964-02-07 ·cited 8×
  The court held that the trial court did not err in admitting evidence of oral modifications to written contracts, as Federal Rule of Civil Procedure 43(a) favors the reception of evidence and Alabama law permits such modifications.
• Lewis v. Lowry
  322 F.2d 453· 4th Cir.· 1963-09-17 ·cited 8×
• Vakas v. Manuel
  316 F.2d 369· D.C. Cir.· 1963-02-14 ·cited 8×
  The court held that parole evidence was admissible to reform a lease where the condemnation clause was omitted by mutual mistake.
• Pettis Walley v. The BAY Petroleum Corp.
  312 F.2d 540· 5th Cir.· 1963-01-23 ·cited 8×
  The court held that the trial court erred in excluding evidence of collateral promises and in directing a verdict on the exclusive purchase clause, as the writings were only a partial integration of the agreement.
• Belcher v. Elliott
  312 F.2d 245· 6th Cir.· 1962-12-06 ·cited 8×
  The court held that the phrase "Gas & Oil Rights sold" in the deed, when considered with surrounding circumstances and subsequent conduct, constituted an exception of those rights from the conveyance, and that the defendants were entitled to a lien for improvements made in good f
• Hoston v. The J. R. Watkins Co.
  300 F.2d 869· 9th Cir.· 1962-03-28 ·cited 8×
  The court held that the plaintiff failed to present a triable issue of fact regarding an alleged oral contract, and the written agreement, along with related documents, constituted the complete contract.
• Yoder v. Nutrena Mills, Inc.
  294 F.2d 505· 8th Cir.· 1961-09-20 ·cited 8×
  The court held that parol evidence is inadmissible to contradict or vary the terms of written contracts when the alleged condition precedent is addressed within the contract itself, thus affirming the summary judgment.
• James L. Saphier Agency, Inc. v. Jules L. Green
  293 F.2d 769· 2d Cir.· 1961-08-28 ·cited 8×
  The court held that the Tripartite agreement obligated Allen, not Green, to pay commissions to Saphier, and thus Green owed Saphier nothing.
• Auto. Devices Co. v. Auto. Devices Co. OF Pa.
  292 F.2d 663· 3d Cir.· 1961-06-12 ·cited 8×
  The court held that the trial court erred in its interpretation of the contract's 'exclusive right to do business' clause and that both parties committed material breaches.
• Eugene v. Coleman and Isabel Redd Coleman
  113 So. 2d 590· Fla. 2d DCA· 1959-07-08 ·cited 8×
  In a mortgage foreclosure action, the court affirmed dismissal of the plaintiff's suit after finding that a note and mortgage, while duly executed, were delivered conditionally and never became binding because the condition precedent (death of both defendants within one year) did
• Nat'l Sur. Corp. v. Curators OF Univ. OF Mo. ex rel. Paul Mueller Co.
  268 F.2d 525· 8th Cir.· 1959-07-06 ·cited 8×
  The court held that the subcontract unambiguously obligated the plaintiff to perform all work specified in paragraphs 100(e) and (f), and parol evidence could not be used to create ambiguity or vary the contract's terms.
• Gray v. Joseph J. Brunetti Constr. Co., Inc.
  266 F.2d 809· 3d Cir.· 1959-04-24 ·cited 8×
  The court held that the district court erred in reducing the attorney's contingent fee, as it lacked summary jurisdiction to review the fee and the contract was unambiguous and performed.
• Bechler v. Kaye
  222 F.2d 216· 10th Cir.· 1955-02-21 ·cited 8×
  The court held that the Cohn rule regarding statutes of limitations for secured debts is inapplicable because the property was not transferred as security and the evidence suggests a settlement occurred, discharging the debt.
• Commissioner of Internal Revenue v. Dwight's Estate
  205 F.2d 298· 2d Cir.· 1953-06-03 ·cited 8×
  The court held that portions of two trusts established by the decedent were includible in his gross estate because the income was to be applied toward his legal obligation to support his wife.
• Anderson v. Owens
  205 F.2d 940· 9th Cir.· 1953-05-29 ·cited 8×
  A written agreement for the sale of a specific vessel, which is complete and formal on its face, integrates prior oral negotiations, precluding claims based on express warranties not included in the writing.
• Appliance Distribs., Inc. v. Mercury Elec. Corp.
  202 F.2d 651· 10th Cir.· 1953-02-27 ·cited 8×
  The court held that the defendant waived its right to object to late delivery by accepting the goods and that the trial court properly instructed the jury regarding the written contract and the judge's comments on evidence.
• Wodonos v. Wodonos
  62 So. 2d 78· Fla.· 1952-12-19 ·cited 8×
  The Florida Supreme Court affirmed the dismissal of a complaint seeking to establish a trust in real property conveyed to the defendant Sarah Wodonos. The court held that absent written evidence of a trust agreement, a parol declaration of trust in real property is unenforceable
• Bennett v. Amalgamated Cas. Ins. Co.
  200 F.2d 129· D.C. Cir.· 1952-10-30 ·cited 8×
  The court held that the taxicab lessee was not covered by the owner's insurance policy during a personal pleasure trip outside the District of Columbia because the policy's endorsement limited coverage to use 'for hire' and the lessee lacked permission for the trip.
• United States v. Jones
  194 F.2d 783· 10th Cir.· 1952-02-19 ·cited 8×
  The court held that payments received by a partner from the dissolution of a partnership, pursuant to an agreement where one partner acquired all transportation assets in exchange for a share of future income from a leased franchise, constitute capital gains, not ordinary income.
• Jarka Corp. v. Hellenic Lines, Ltd.
  182 F.2d 916· 2d Cir.· 1950-06-06 ·cited 8×
  The court held that the November 5, 1947 agreement, as modified by the May 5, 1948 letter, was a binding offer under New York law, and the plaintiff could not unilaterally change the rate for baled hay after the fact.
• Thompson v. Rector
  170 F.2d 167· D.C. Cir.· 1948-09-13 ·cited 8×
  The court held that the trial court erred in its measure of damages for the breach of a covenant to secure a restaurant license, and that the cost of necessary repairs to qualify the premises for the license was the proper measure.
• Lewis v. Atlas Corp.
  158 F.2d 599· 3d Cir.· 1946-12-10 ·cited 8×
  The court held that the plaintiff failed to establish that the defendants waived the contract's time provisions or that the final amendment was invalid.
• Colonial Hotels, Inc. v. Maynard
  158 Fla. 318· Fla.· 1946-11-08 ·cited 8×
  A lease agreement providing that it shall terminate 'three months after the termination of the present war' defined as when 'all hostilities cease and an armistice has been signed' terminates 90 days after the last Axis power's unconditional surrender, not when a formal peace tre
• Bush v. Prudential Ins. Co. of Am.
  150 F.2d 631· 3d Cir.· 1945-07-06 ·cited 8×
  The court held that the insurance company was estopped from denying that a dividend was applicable to an unpaid premium, but the grace period could not be extended beyond its contractual terms to cover the insured's death.