Parol Evidence Rule

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

• In re Pope & Lord, Inc. v. Knight State Bank
  721 F.2d 1321· 11th Cir.· 1983-12-27 ·cited 4×
  The court held that a purported conveyance of a security interest in real property was invalid because it was not executed with the proper corporate formalities required by Georgia law.
• Schiavone Constr. Co., Inc. v. Cnty. OF Nassau & Gibson & Cushman Dredging Corp.
  717 F.2d 747· 2d Cir.· 1983-09-20 ·cited 4×
  The court held that the indemnity clause in the engineering contract was ambiguous and required parol evidence to determine the parties' intent regarding the scope of Consoer's liability for damages to the County's own pipeline.
• Manner v. Goldstein Prof'l Ass'n
  436 So. 2d 431· Fla. 3d DCA· 1983-08-30 ·cited 4×
  Summary judgment was proper where an unrebutted expert affidavit established that the former attorney's conduct in not pursuing temporary alimony fell within the expected standard of care for family law counsel, and the wife cannot avoid the written terms of her settlement agreem
• Jeanes v. Cliff C. Henderson & Marilon Minerals, Inc.
  703 F.2d 855· 5th Cir.· 1983-04-25 ·cited 4×
  The court held that the sale of oil and gas interests did not constitute a "forced sale" for securities law purposes, and that the trial court did not err in directing verdicts on claims of breach of fiduciary duty, fraud, and slander of title.
• Pinken v. Frank
  704 F.2d 1019· 8th Cir.· 1983-04-12 ·cited 4×
  The court held that parol evidence is admissible to prove fraud in the inducement, even if the oral representations contradict express terms of a written contract, and that sufficient evidence supported the jury's finding of justifiable reliance and intent to deceive.
• Ass'n of ST. Croix Condo. Owners v. ST. Croix Hotel Corp.
  690 F.2d 367· 3d Cir.· 1982-10-15 ·cited 4×
  The court affirmed the district court's judgment, which had affirmed in part and remanded in part the territorial court's decision.
• Burris v. Jacobson, Inc.
  417 So. 2d 787· Fla. 5th DCA· 1982-08-04 ·cited 4×
  Walter Burris appeals a summary judgment holding him individually liable on a charge account application that contained ambiguous language regarding whether he signed as an individual or as an agent for Oak Tree Homes, Inc. The court reverses, finding that the ambiguous document
• Fulton v. L & N Consultants, Inc.
  715 F.2d 1413· 10th Cir.· 1982-05-18 ·cited 4×
  The court held that parol evidence is admissible against Fulton, who was not a party to the original sales agreement.
• SCM Corp. v. The United States
  675 F.2d 280· Ct. Cl.· 1982-03-24 ·cited 4×
  The court's interpretation of the contract is contrary to its plain language and the parties' intent.
• Fla. State Bank OF Tallahassee v. Honey
  407 So. 2d 1082· Fla. 1st DCA· 1982-01-05 ·cited 4×
  Florida State Bank appeals the trial court's denial of its claim against guarantors for corporate overdrafts. The court reverses, holding that parol evidence cannot be admitted to contradict the unambiguous terms of a guaranty that clearly covered "all existing and future debts."
• Langenderfer v. Midrex Corp.
  660 F.2d 523· 4th Cir.· 1981-09-24 ·cited 4×
  The court held that parol evidence was admissible to explain ambiguous bonus provisions and that equitable estoppel could support claims not explicitly in the contract, affirming the jury's findings on contract extension and mitigation of damages.
• Bernina Distribs., Inc. v. Bernina Sewing Mach. Co., Inc.
  646 F.2d 434· 10th Cir.· 1981-04-06 ·cited 4×
  The court held that the importer could not add a surcharge for currency exchange rate fluctuations beyond the actual cost increase and that the contract was not impracticable or unconscionable. However, the court reversed the trial court's method of calculating profit on new mode
• Pittman v. Providence Wash. Ins. Co.
  394 So. 2d 223· Fla. 5th DCA· 1981-02-25 ·cited 4×
  Pittmans sued their insurance carriers for coverage of injuries sustained when a motorcycle was struck by a sheriff's car, claiming the sheriff was covered as a county officer under the policies. The court affirmed summary judgment holding that despite policy language appearing t
• Grumman Ecosystems Corp. v. Palm Beach Cnty.
  391 So. 2d 699· Fla. 1st DCA· 1980-12-04 ·cited 4×
  Grumman appealed a summary judgment awarding Griffin rentals owed for equipment in a construction project dispute. The court reversed the summary judgment on the primary issue of contract formation because factual disputes existed regarding whether Griffin's written proposal and
• Chalamidas v. Sierra Life Ins. Co.
  632 F.2d 1381· 10th Cir.· 1980-09-08 ·cited 4×
  The court held that the 1974 agreement to reconstitute secured debt discharged the prior contract containing the right of first refusal, as it was intended to resolve all outstanding transactions between the parties.
• Fed. Express Corp. v. PAN Am. World Airways, Inc.
  623 F.2d 1297· 8th Cir.· 1980-07-01 ·cited 4×
  The court held that the term 'initial training' in the aircraft sales contract was ambiguous and, when interpreted in light of trade usage under the UCC, meant training for the initial crew to operate the aircraft; furthermore, the buyer waived this training by obtaining it throu
• Oppenheim v. Jules Jergensen Corp.
  385 So. 2d 1078· Fla. 4th DCA· 1980-06-18 ·cited 4×
  A corporate president signed promissory notes with both the corporation's name typed and his own name signed below it. The court held that this ambiguity in the signature, combined with parol evidence that he intended to sign in his representative capacity, established he was not
• United States v. Allin M. Means
  621 F.2d 236· 6th Cir.· 1980-05-09 ·cited 4×
  The court held that a consent order settling tax claims was unambiguous and limited to the specific case, and that statutory provisions for interest penalties do not contain a good faith exception.
• The Bank OF Miami v. Armenteros
  382 So. 2d 1336· Fla. 3d DCA· 1980-04-29 ·cited 4×
  The Bank of Miami appealed a trial court judgment that excluded parol evidence regarding whether Jose Armenteros signed a personal guarantee on the reverse of a promissory note in his corporate or individual capacity. The court held that the ambiguity in the signature designation
• Hanlon v. Providence Coll.
  615 F.2d 535· 1st Cir.· 1980-01-21 ·cited 4×
  The court held that the plaintiff's waiver of a jury trial was valid and that the district court's findings regarding tenure and breach of contract were not clearly erroneous.
• Daniel Sys., Inc. v. Carswell
  372 So. 2d 201· Fla. 3d DCA· 1979-06-26 ·cited 4×
• Burroughs Corp. v. Weston Int'l Corp.
  577 F.2d 137· 4th Cir.· 1978-06-19 ·cited 4×
  The court held that the trial court erred in refusing to reconsider its ruling of inadmissibility of a trade-in letter, as Weston presented new evidence and theories that warranted further consideration before granting summary judgment.
• Miles L. Henslee, Sr. v. Houston
  566 F.2d 475· 5th Cir.· 1978-01-17 ·cited 4×
  The release of one joint tortfeasor automatically releases all other joint tortfeasors, and a party's violation of a loan agreement constitutes default, terminating the lender's obligations.
• Whitehead v. Euphemia M. Rowland
  352 So. 2d 128· Fla. 2d DCA· 1977-11-18 ·cited 4×
  Appellant Sandra Whitehead appeals a judgment rescinding a deed transferring ten acres of land. The court reversed the rescission, holding that parol evidence was inadmissible to prove an oral promise regarding grove cultivation and profit-sharing that contradicted the parties' w
• Rutherford v. John Hancock Mut. Life Ins. Co.
  562 F.2d 290· 4th Cir.· 1977-08-24 ·cited 4×
  The court held that an insurer has no affirmative duty to investigate an insurance application that appears facially innocuous, even if the applicant has a history of alcoholism, absent specific facts that would raise a red flag.
• Huskey Realty v. Dimension Four Int'l Ltd.
  347 So. 2d 432· Fla.· 1977-06-16 ·cited 4×
• Abdallah v. Caribbean Sec. Agency
  557 F.2d 61· 3d Cir.· 1977-06-10 ·cited 4×
  The court held that summary judgment was improperly granted because material questions of fact remained regarding both the plaintiff's negligence and breach of contract claims.
• In re Arb. between Gen. Tel. Co. OF the Nw., Inc. v. Int'l Bhd. OF Elec. Workers, AFL-CIO
  554 F.2d 985· 9th Cir.· 1977-05-31 ·cited 4×
  The court held that an arbitrator's interpretation of a collective bargaining agreement, even if debatable, should not be overruled by courts if it is not capricious or unreasonable.
• C. H. Robinson Co. v. L & M Brokerage Co., Inc.
  344 So. 2d 894· Fla. 1st DCA· 1977-03-29 ·cited 4×
  A broker agreeing to 'collect and remit' payments is not liable for the buyer's default unless there is a specific agreement guaranteeing payment.
• Ralston Purina Co. v. McFARLAND
  550 F.2d 967· 4th Cir.· 1977-02-23 ·cited 4×
  The court held that the district court erred in limiting discovery and improperly instructed a witness not to answer questions, requiring a remand for further proceedings.
• Reamer v. The United States
  532 F.2d 349· 4th Cir.· 1976-01-08 ·cited 4×
  The court held that the enlistment contract's delay term was not binding because it was not authorized or directed by the Department of the Army.
• City OF ST. Petersburg v. Int'l Ass'n OF Firefighters
  317 So. 2d 788· Fla. 2d DCA· 1975-09-05 ·cited 4×
  The City of St. Petersburg appealed a judgment finding it liable for breach of collective bargaining agreements regarding health insurance benefits for firefighters. The appellate court reversed, holding that the contract language was unambiguous and did not obligate the City to
• Bankers Tr. Co. v. The United States
  518 F.2d 1210· Ct. Cl.· 1975-07-11 ·cited 4×
  The court held that the dissenting opinion's interpretation of the settlement agreement, particularly regarding the valuation of stock and the nature of shareholder approval, was more consistent with the record and established legal principles.
• Royal Indem. Co. v. Kaiser Aluminum & Chem. Corp.
  516 F.2d 1067· 9th Cir.· 1975-04-29 ·cited 4×
  The court held that Royal's reliance on Kaiser's alleged misrepresentations was not justifiable, and the misrepresentations were not material, thus affirming the dismissal of the fraud and reformation claims. The court also affirmed the denial of additional premium claims and the
• Stapling Machs. Co. v. Kirk
  298 So. 2d 564· Fla. 1st DCA· 1974-08-20 ·cited 4×
  Stapling Machines Co. challenged a tax assessment on lease payments received from manufacturers, arguing that a portion of the payments constituted compensation for promotional and advertising services rather than taxable rent. The court held that the lease payments are taxable r
• Steinberg v. Charles Sales Corp.
  296 So. 2d 601· Fla. 3d DCA· 1974-06-11 ·cited 4×
• Green v. Royal Palm Beach Colony, Inc.
  292 So. 2d 388· Fla. 3d DCA· 1974-04-02 ·cited 4×
  A letter stating employment for seasonal months over three years was insufficient to satisfy the statute of frauds because it lacked essential terms.
• Naples Fruit & Vegetable Co. v. Townsend
  276 So. 2d 222· Fla. 2d DCA· 1973-04-18 ·cited 4×
  The court held that the trial court misconstrued the contract and parol evidence, leading to an erroneous assessment of damages.
• Matthews v. Drew Chem. Corp.
  475 F.2d 146· 5th Cir.· 1973-03-09 ·cited 4×
  The court held that parol evidence cannot be used to alter or add inconsistent provisions to unambiguous terms in a written contract, even if the contract is only partially integrated.
• Slotkin v. Willmering
  464 F.2d 418· 8th Cir.· 1972-07-25 ·cited 4×
  The court held that the commission agreement was not ambiguous regarding compensation and that the plaintiff had met the contract's performance requirements, entitling him to the calculated commission.
• Lloyd v. Grynberg
  464 F.2d 622· 10th Cir.· 1972-07-12 ·cited 4×
  The court held that the jury verdict was supported by ample evidence and properly submitted under adequate instructions, affirming the judgment.
• Ilo Vanderboom v. Sexton
  460 F.2d 362· 8th Cir.· 1972-05-30 ·cited 4×
  The court held that the trial court erred in dismissing ITC's common law fraud claim against Sexton, Hall, and Gatlin without jury submission, but properly dismissed the federal securities claim and the common law fraud claims against Telecom Corporation and Diamond 'G' Ranch.
• Morgan v. McLAUGHLIN
  260 So. 2d 890· Fla. 2d DCA· 1972-04-21 ·cited 4×
• Itvenus, Inc. v. Poultry, Inc.
  258 So. 2d 478· Fla. 3d DCA· 1972-02-29 ·cited 4×
  Itvenus appealed a judgment awarding damages to Udell for breach of a contract to sell a cold storage facility with a blast freezer. The court held that parol evidence was properly admitted to clarify ambiguous contract terms, that Udell was not estopped from recovery, and that t
• Grande v. Gen. Motors Corp.
  444 F.2d 1022· 7th Cir.· 1971-06-04 ·cited 4×
  The court held that a claim for breach of an oral contract, not inconsistent with a written option and naturally made as a separate agreement, is not barred by the parol evidence rule, but claims for fraud, intentional interference with business, and conversion were properly dism
• Gulf Shores Leasing Corp. v. AVIS Rent-A-Car Sys., Inc.
  441 F.2d 1385· 5th Cir.· 1971-04-29 ·cited 4×
  The court held that the five-year period for termination without cause began when Gulf Shores became a licensee, not when the original licensee acquired its franchise, making Avis's termination timely.
• E. Okla. Television Co., Inc. v. Ameco, Inc.
  437 F.2d 138· 10th Cir.· 1971-02-03 ·cited 4×
  Corporate stock issued to organizers for services and property, including a personal guaranty, was validly issued and not in violation of constitutional or statutory requirements. Appellants lacked standing to challenge the stock's validity.
• Nance v. United States
  430 F.2d 662· 9th Cir.· 1970-08-13 ·cited 4×
  The court held that the decedent retained an incident of ownership in the insurance policies because he had the right to change the beneficiary, even if exercisable only in conjunction with another person.
• The Hartford Steam Boiler Inspection & Ins. Co. v. Schwartzman Packing Co.
  423 F.2d 1170· 10th Cir.· 1970-04-06 ·cited 4×
  The court held that the trial court did not err in admitting parol evidence to interpret the insurance policy and in instructing the jury to construe ambiguous terms in favor of the insured.
• Commercial Ins. Co. OF Newark v. Smith
  417 F.2d 1330· 10th Cir.· 1969-11-14 ·cited 4×
  The court held that the trial court properly instructed the jury on the elements of common law fraud, including scienter, as required by the pre-trial order, and that oral testimony was admissible to negate fraud allegations.