Parol Evidence Rule

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

• Burns Bros. Plumbers, Inc. v. Groves Ventures Co. & S. J. Groves & Sons Co.
  412 F.2d 202· 6th Cir.· 1969-06-18 ·cited 4×
  The court held that a subcontract's provision for interim testing, though not in the original written contract, was a valid subsequent oral modification. It also held that damages for flood-related delays were not recoverable due to lack of contractual basis and that the award fo
• Thomson v. Parrish
  221 So. 2d 770· Fla. 3d DCA· 1969-04-22 ·cited 4×
  The court held that a genuine issue of material fact existed regarding conditions attached to a promissory note, precluding summary judgment.
• Chem. Constr. Corp. v. Cont'l Eng'g, Ltd.
  407 F.2d 989· 5th Cir.· 1969-02-25 ·cited 4×
  The court affirmed the trial court's judgment, holding that the written contract was clear and unambiguous, precluding parol evidence for an equitable fee adjustment, and that the trial court correctly ruled on the disputed cost items.
• The Miami Beach First Nat'l Bank & Fred R. Baisden v. Tropical Park, Inc.
  215 So. 2d 752· Fla. 3d DCA· 1968-11-26 ·cited 4×
  This case involves an appeal concerning whether a general release covered a specific debt. The appellate court affirmed the trial court's decision, finding sufficient evidence to support the conclusion that the debt was not included in the release.
• Gordon v. Miami Nat'l Bank
  406 F.2d 660· D.C. Cir.· 1968-11-07 ·cited 4×
  The court affirmed the District Court's judgment, finding the appellant's opposition to summary judgment insufficient.
• Mrs. Sarah Jennings Carter v. United States ex rel. Dir. OF Internal Revenue
  399 F.2d 340· 5th Cir.· 1968-08-13 ·cited 4×
  The court held that the wife owned an undivided one-half interest in the property, free of federal tax liens, due to the authentic act of purchase and a valid manual donation of cash for her share.
• Jones v. Dickens
  394 F.2d 233· 10th Cir.· 1968-05-13 ·cited 4×
  The court held that purchasers waived title defects by their actions and that the initial down payment notes constituted enforceable liquidated damages, not penalties.
• Hohenstein v. S. M. H. Trading Corp.
  382 F.2d 530· 5th Cir.· 1967-07-31 ·cited 4×
  The court held that the integrated written contract committed the stevedore to load substantially all of the specified cargo, and that the trial court correctly found a breach, but modified the damages awarded.
• van Domelen v. Westinghouse Elec. Corp.
  382 F.2d 385· 9th Cir.· 1967-07-27 ·cited 4×
  A guaranty under seal satisfies the Oregon Statute of Frauds' expression of consideration requirement, and a jury's finding of reasonable reliance on forbearance of suit is sufficient to support the judgment.
• The Interpublic Grp. OF Cos., Inc. v. ON Mark Eng'g Co.
  381 F.2d 29· 9th Cir.· 1967-07-26 ·cited 4×
  The court held that the option to purchase was not exercisable when sought because the lease agreement, when construed with the option, required 60 full rental payments and accounted for lease extensions due to repairs, making the attempted exercise premature and invalid.
• TSS Sportswear v. The Swank Shop (Guam) Inc.
  380 F.2d 512· 9th Cir.· 1967-06-28 ·cited 4×
  The court held that the parol evidence rule did not bar evidence of oral agreements that were omitted from the written contract due to fraud or mistake, and that the evidence supported the finding that the corporations were alter-egos.
• Simpson Timber Co. v. Palmberg Constr. Co.
  377 F.2d 380· 9th Cir.· 1967-04-05 ·cited 4×
  A contract diagram, even if not expressly incorporated, can be considered parol evidence to clarify ambiguity in the contract, and a contractor is not entitled to additional compensation for work contemplated by the contract, even if unforeseen difficulties arise.
• Asheville Mica Co. v. Commodity Credit Corp.
  360 F.2d 931· 2d Cir.· 1966-05-11 ·cited 4×
  The court affirmed the district court's determination that appellants were entitled to a price increment on their contracts with the CCC as of the time the GSA first raised prices, and that the CCC was not immune from interest on judgments.
• Gibbs v. The United States
  358 F.2d 972· Ct. Cl.· 1966-04-15 ·cited 4×
  The court held that the contract language required plaintiffs to perform inspection and supervision services for the agreed lump sum fees throughout the entire construction period, regardless of its duration.
• Moody v. Bass
  357 F.2d 730· 6th Cir.· 1966-03-24 ·cited 4×
  The court held that the trial court correctly applied Texas law to the guaranty agreement and properly determined the rate and amount of equitable contribution among co-guarantors.
• Ottinger v. Siegfried
  349 F.2d 647· 10th Cir.· 1965-07-26 ·cited 4×
  The court held that the exclusion of evidence explaining an addendum to a dissolution agreement was prejudicial error, as parties are not precluded from explaining or contradicting evidence they introduce.
• Ricker v. B-W Acceptance Corp.
  349 F.2d 892· 10th Cir.· 1965-07-01 ·cited 4×
  The court held that the addition of 'Pres.' after a signature on a guaranty contract is merely descriptive and does not create ambiguity, especially when the contract's language clearly indicates personal liability.
• Sanchez v. United States
  341 F.2d 379· 1st Cir.· 1965-02-10 ·cited 4×
  An indictment for unlawful transfer of narcotics or drugs is not fatally defective for failing to name the transferee, as the transferee's name is not an element of the offense.
• Lacy v. Commissioner OF Internal Revenue
  341 F.2d 54· 10th Cir.· 1965-01-28 ·cited 4×
  The court held that the transaction was a constructive dividend to Lacy because he obtained corporate property for less than its fair market value while in control of the corporation.
• Solon Snowden v. The Franklin Nat'l Bank OF Long Island
  338 F.2d 995· 5th Cir.· 1964-12-01 ·cited 4×
  The court held that oral assurances contradicting a written promissory note are inadmissible under Texas law and do not constitute a defense.
• Lynch v. United States Branch
  327 F.2d 328· 4th Cir.· 1964-01-07 ·cited 4×
  Equitable ownership coupled with possession and the right to operate an automobile is sufficient to establish it as an 'owned' vehicle under an insurance policy, even if legal title has not yet transferred.
• Weyerhaeuser Co. v. Gershman
  324 F.2d 163· 2d Cir.· 1963-11-06 ·cited 4×
  The court held that the guarantors were liable on the notes because the extension of credit constituted valid consideration and their defenses were insufficient to raise genuine issues of fact.
• Nw. Mut. Ins. Co. v. Michaelson
  322 F.2d 304· 9th Cir.· 1963-09-06 ·cited 4×
  The court held that a temporary insurance binder does not constitute a substitution for an existing policy, and the original policy remained in effect until properly cancelled.
• Metals Dev. Co., Inc. v. United States
  322 F.2d 210· 5th Cir.· 1963-08-13 ·cited 4×
  The court held that a substitute trustee could validly exclude machinery from a real estate foreclosure sale via oral announcement, and that Metals, through its agent's actual notice, was bound by this exclusion.
• In re Laskin
  316 F.2d 70· 3d Cir.· 1963-04-05 ·cited 4×
  A bankruptcy court is not bound by state law regarding the admissibility of evidence to determine a party's liability on a note; it can apply equitable principles to ascertain the true intent of the parties.
• Zukoski v. Baltimore & Ohio R.R. Co.
  315 F.2d 622· 3d Cir.· 1962-12-28 ·cited 4×
• Stewart v. DAY & Zimmermann, Inc.
  294 F.2d 7· 5th Cir.· 1961-09-12 ·cited 4×
  The court held that the trial court's findings of fact were supported by evidence and its conclusions of law were justified, affirming the dismissal of the guards' claims.
• Betty LEE Shoes, Inc. v. Karl's Shoe Stores, Ltd.
  293 F.2d 429· 5th Cir.· 1961-07-26 ·cited 4×
  The court held that the writings did not constitute an enforceable contract because essential terms were not agreed upon, and the Statute of Frauds applied to the employment agreement.
• Guar. Life Ins. Co. v. Feigley
  120 So. 2d 804· Fla. 3d DCA· 1960-05-27 ·cited 4×
  In this life insurance dispute, the beneficiary successfully recovered on a policy issued on her husband's life, despite the insurer's fraud defense based on misrepresentations about the insured's health. The court held that the insurer's own agent's insertion of false statements
• Isaias Rodrigues Rodriguez v. Secretary OF The Treasury OF Puerto RICO
  276 F.2d 344· 1st Cir.· 1960-03-30 ·cited 4×
  The court held that the government could not rely on a tax waiver for a purpose different from the one explicitly stated in a contemporaneous letter from the taxpayer's agent, despite the waiver form being unconditional on its face.
• John v. Grombach
  276 F.2d 155· 4th Cir.· 1960-03-14 ·cited 4×
  The court held that the parol evidence rule barred evidence of a secret oral agreement contradicting the written contract, the extension of the cancellation period was validly supported by consideration, and the action was barred by the statute of limitations.
• C. S. Foreman Co. v. Great Lakes Pipe Line Co.
  274 F.2d 61· 8th Cir.· 1960-02-03 ·cited 4×
  The court held that the plaintiff failed to meet the burden of proving mutual mistake by clear and convincing evidence, thus the trial court did not err in denying reformation of the contract.
• James H. Craggs Constr. Co. v. King
  274 F.2d 1· 5th Cir.· 1960-01-26 ·cited 4×
  The court held that there was sufficient evidence to support the jury's verdict finding the defendant breached the hauling contract, justifying the plaintiff's termination of the contract and award of damages.
• Swed Distrib. Co. v. Commissioner OF Internal Revenue
  272 F.2d 330· 5th Cir.· 1959-12-04 ·cited 4×
  The court held that the Tax Court erred in not allowing a full trial and in its determination that the facts did not show the contract was acquired by the partnership.
• Int'l Bhd. OF Teamsters v. Morrison-Knudsen Co., Inc.
  270 F.2d 530· 9th Cir.· 1959-07-27 ·cited 4×
  The court held that the Hanford Works Area was within the territory covered by the labor contracts, and that the unions' actions constituted a breach of contract for which damages were properly awarded.
• Flood v. Clark
  111 So. 2d 465· Fla. 3d DCA· 1959-04-16 ·cited 4×
  This case involves a dispute over the proper construction fund to be held from payments to a general contractor building a cooperative apartment house. The court upheld that 30% of the contract price must be withheld as a final payment fund, and that unpaid subcontractors and mat
• Ivey v. United Nat'l
  259 F.2d 205· 9th Cir.· 1958-09-09 ·cited 4×
  Under California law, an insurance company can be estopped from denying coverage if the insured was led to believe the risk was protected, even if the policy language excludes it.
• Pekovich v. Coughlin
  258 F.2d 191· 9th Cir.· 1958-07-09 ·cited 4×
  The court held that the trial court's interpretation of the ambiguous contract, based on the parties' conduct and intent, was supported by the evidence, but modified the attorney's fee award.
• Md. Cas. Co. v. Mfrs. & Merchs. Indem. Co.
  249 F.2d 630· 8th Cir.· 1957-11-13 ·cited 4×
  The court held that the defendant's insurance policies did not cover the Cadillac automobile, and therefore the plaintiff, which had paid damages, was not entitled to recover from the defendant.
• Carolina Cas. Ins. Co. v. Helms
  248 F.2d 268· 8th Cir.· 1957-10-11 ·cited 4×
  The court held that an oral contract for insurance is enforceable even if a written policy is later issued but not delivered or accepted, and that statutory penalties and attorney fees are not applicable when recovery is based solely on the oral contract, not a delivered policy.
• Am. Sur. Co. OF NEW York v. Price B. Williford and Duren N. Sleyster
  243 F.2d 494· 8th Cir.· 1957-04-15 ·cited 4×
  An oral contract of insurance is valid and enforceable even if a written policy is later issued with materially different terms, provided the insured did not accept the written policy as evidencing the contract.
• Dayvault v. Baruch OIL Corp.
  231 F.2d 413· 10th Cir.· 1956-02-23 ·cited 4×
  The court held that the trial court was justified in giving conclusive effect to the appellant's prior deposition testimony regarding his agreement to accept stock for his interest in the Kenilind Lease, and that the finding regarding expenses for lease development was not clearl
• Hoss v. C. G. (Jim) Purinton
  229 F.2d 104· 9th Cir.· 1955-12-21 ·cited 4×
  The dissenting judge believes the judgment against Hoss individually should be reversed because his liability was based on a contract that was not alleged or found to have been made by him individually.
• M. W. Zack Co. v. R. D. Werner Co., Inc.
  222 F.2d 634· 6th Cir.· 1955-05-24 ·cited 4×
  The court held that the parol evidence rule barred evidence of a contemporaneous oral agreement to contradict a written contract, and that damages were correctly calculated based on the market price at the time of the breach after an agreed-upon extension.
• LEE E. Morris, Inc. v. United States
  219 F.2d 541· 10th Cir.· 1955-02-03 ·cited 4×
  The court held that the ambiguous subcontract's terms, when read in light of preliminary negotiations, meant the general contractor would cover costs exceeding $20,000, but not supervision or equipment costs.
• Gifford v. Wichita Falls & S. Ry. Co.
  211 F.2d 494· 5th Cir.· 1954-03-26 ·cited 4×
  The court held that the plaintiff's evidence of a fraudulent promise of a lifetime job, made to induce a release, was sufficient to present a jury question on the validity of the release.
• Citizens Nat'l Tr. & Sav. Bank of Los Angeles v. Londono
  204 F.2d 377· 9th Cir.· 1953-03-30 ·cited 4×
• McDANIEL v. California-Western States Life Ins. Co.
  181 F.2d 606· 5th Cir.· 1950-05-02 ·cited 4×
  The court held that an aviation exclusion clause, physically attached to a life insurance policy and for which the insured signed a copy returned to the insurer, is a valid part of the contract, even if the insured's copy was not signed.
• Holly Stores, Inc. v. Judie
  179 F.2d 730· 7th Cir.· 1950-01-30 ·cited 4×
  A party seeking reformation of a written instrument due to mistake cannot prevail if the mistake resulted from their own inexcusable negligence, even if the mistake was mutual.
• Keokuk Steel Casting Co. v. Lawrence
  178 F.2d 788· 10th Cir.· 1949-12-29 ·cited 4×
  The court held that the parties' correspondence and oral negotiations, when considered together, established a modified agency contract intended to continue until the plaintiff's discharge from the Navy.