Parol Evidence Rule

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

• Constr. Interior Sys., Inc. v. Marriott Fam. Rests., Inc.
  984 F.2d 749· 6th Cir.· 1993-01-29 ·cited 2×
  The dissenting judge holds that the contract language is ambiguous, entitling CIS to damages for not being allowed to bid on projects.
• Campbell v. Campbell
  979 F.2d 1115· 5th Cir.· 1992-12-30 ·cited 2×
  The court held that the purchase order constituted a binding maritime contract, and the indemnity provision was enforceable under the LHWCA and Texas law, requiring Frank's to indemnify UTP and Sonat.
• Horst Biersack v. Oaks Renting, Inc.
  606 So. 2d 439· Fla. 2d DCA· 1992-10-02 ·cited 2×
  Biersack appeals a summary judgment for Oaks Renting on a promissory note underlying a wraparound mortgage for real property. Because the parties stipulated that Oaks was not a holder in due course, the court holds that Biersack's affirmative defenses—including estoppel, waiver,
• Bailey L. Wiener v. E. Ark. Planting Co.
  975 F.2d 1350· 8th Cir.· 1992-09-03 ·cited 2×
  The court held that the Agricultural Credit Act of 1987's right of first refusal applies only to property acquired after its effective date, and that the option contracts were unambiguous, subordinating the Wieners' rights only to statutory first refusal rights that did not exist
• Galli v. Metz
  973 F.2d 145· 2d Cir.· 1992-08-24 ·cited 2×
  The court held that sellers breached warranties regarding undisclosed tax claims and threatened litigation, but buyer's knowledge of certain issues may constitute waiver. The court also reversed the denial of an offset for retained gallonage.
• Jones & Scully, Inc. v. O'Connell
  604 So. 2d 867· Fla. 3d DCA· 1992-08-11 ·cited 2×
  The court held that the term 'incremental operating income' in the employment contract is unambiguous and does not include proceeds from the sale of the business, thus the trial court erred in admitting parol evidence.
• In re Est. OF Margaret Walker
  609 So. 2d 623· Fla. 4th DCA· 1992-08-05 ·cited 2×
  The phrase 'all of my personal property' in a will is ambiguous when considered in context with other provisions, including a residuary clause, and courts may consider extrinsic evidence to determine whether the testator intended it to include only tangible property or all person
• Boston CAR Co., Inc. v. Acura Automobile Division
  971 F.2d 811· 1st Cir.· 1992-08-05 ·cited 2×
  The court held that the district court did not err in finding that the market plan listing in the Letter of Intent was not a binding promise and that Boston Car's claim under Chapter 93B was barred by its failure to provide timely notice of its intent to sue.
• Webb v. Peoples First Fin. Sav. & Loan Ass'n
  597 So. 2d 404· Fla. 1st DCA· 1992-04-20 ·cited 2×
  The appellate court dismissed the appeal for lack of jurisdiction because the order granting partial summary judgment did not meet the requirements for review of non-final orders.
• W. Chance #2, Inc. v. KFC Corp.
  957 F.2d 1538· 9th Cir.· 1992-02-28 ·cited 2×
  The court held that disputed issues of material fact regarding the terms and enforceability of an alleged oral exclusive franchise agreement preclude summary judgment, and that a general release did not extinguish claims under that agreement as a matter of law.
• Advanced Med., Inc. v. Arden Med. Sys., Inc.
  955 F.2d 188· 3d Cir.· 1992-01-29 ·cited 2×
  The court held that the district court erred in admitting parol evidence to vary the terms of the written agreement and in its jury instructions on mitigation of damages.
• In re Virginia-Carolina Fin. Corp. v. Creative Fin. Mgmt.
  954 F.2d 193· 4th Cir.· 1992-01-13 ·cited 2×
  The court held that a payment made by debtors to a creditor was a voidable preference because it was on account of an antecedent debt and the creditor received more than they would have in a Chapter 7 liquidation, regardless of collateral held from a third party.
• In re the Est. OF Alexander Tolin
  594 So. 2d 309· Fla. 4th DCA· 1992-01-03 ·cited 2×
• Colonial Penn Ins. Co. v. Robertson
  591 So. 2d 273· Fla. 4th DCA· 1991-11-06 ·cited 2×
  Colonial Penn Insurance Company appeals a summary judgment that reformed a release agreement to exclude an individual (Bataille) whom the appellees claimed was mistakenly included. The court reverses, finding a genuine issue of material fact regarding the parties' intent that mus
• Resolution Tr. Corp. for Mo. Sav. Ass'n v. Home Sayings OF Am.
  946 F.2d 93· 8th Cir.· 1991-10-07 ·cited 2×
  The court held that a repurchase agreement, entered into when a federal regulation prohibited sales of loans without recourse, violated that regulation and was therefore illegal and unenforceable.
• Nw. Cent. Pipeline Corp. v. JER P'ship
  943 F.2d 1219· 10th Cir.· 1991-08-30 ·cited 2×
  The court held that the contracts did not grant Williams a unilateral right to terminate and that the parties intended the last regulated price to continue upon deregulation, absent a seller-initiated price redetermination.
• Carey Canada, Inc. v. Columbia Cas. Co.
  940 F.2d 1548· D.C. Cir.· 1991-08-09 ·cited 2×
  The court held that the 1977 National Union Policy's exclusion for 'asbestosis operations' was ambiguous and properly considered extrinsic evidence to determine intent. However, for the 1979 National Union and Columbia Casualty policies, the court erred by relying on subjective p
• Horn v. Berdon
  938 F.2d 125· 9th Cir.· 1991-07-01 ·cited 2×
  The court held that the pension plan's surplus was to be distributed to the beneficiaries, not the employer, and that the breach of contract claim also warranted reversal of summary judgment.
• Avatar Exploration, Inc. v. Chevron
  933 F.2d 314· 5th Cir.· 1991-06-12 ·cited 2×
  The court held that the reassignment clause was only triggered by failure to pay delay rentals, not by the lease's expiration, and that the renewal and extension clause did not bind the assignee of the lease.
• N. Am. Sav. Ass'n v. Metroplex Dev. P'ship
  931 F.2d 1073· 5th Cir.· 1991-05-28 ·cited 2×
  The court held that the notice of appeal was timely filed and reversed the summary judgment, finding that the plaintiff failed to present evidence of asset distribution to the defendant under the Trust Fund Doctrine.
• Gerfried Mueller v. Avery Marks
  576 So. 2d 1337· Fla. 4th DCA· 1991-03-27 ·cited 2×
  The court held that the deed should be reformed to reflect the parties' original contract, granting the buyer fee simple ownership and the seller a five-year tenancy.
• Boatmen's First Nat'l Bank OF Kan. City v. P.P.C., Inc.
  927 F.2d 394· 8th Cir.· 1991-03-04 ·cited 2×
  The court held that the guarantee contained a material ambiguity regarding the calculation of the guaranteed amount, making summary judgment inappropriate.
• United Thermal Indus., Inc. v. Asbestos Training & Emp., Inc.
  920 F.2d 1345· 7th Cir.· 1990-12-18 ·cited 2×
  The court held that the contract terms were ambiguous, allowing the magistrate to consider parol evidence to interpret the parties' intent regarding the labor force obligation.
• Baker Perkins, Inc. v. Midland Moving & Storage Co. & United Van Lines, Inc.
  920 F.2d 1301· 6th Cir.· 1990-12-17 ·cited 2×
  A carrier's written agreement for 'full value protection' may override an Act of God exclusion in a bill of lading if the agreement is separate and clearly provides for broader coverage.
• Valley Nat'l Bank v. Abdnor
  918 F.2d 128· 10th Cir.· 1990-11-06 ·cited 2×
  The court held that the Bank's failure to service the loan prudently, as required by the Loan Guaranty Agreement and SBA regulations, constituted a material breach that excused the SBA from its guaranty obligation, even if a specific loss was not definitively traceable to the bre
• Cleanco, Inc. v. Manor Inv. Co.
  568 So. 2d 1309· Fla. 4th DCA· 1990-10-24 ·cited 2×
  The court held that the trial court did not err in finding the lease ambiguous and allowing parol evidence, and that the interpretation of the lease was supported by substantial evidence. Attorneys' fees were properly awarded to the prevailing party, but the amount was reduced.
• H & W Indus., Inc. v. Occidental Chem. Corp.
  911 F.2d 1118· 5th Cir.· 1990-09-19 ·cited 2×
  The court affirmed the district court's rulings, finding no error in the exclusion of trade usage evidence, the refusal of a jury instruction regarding conflicting contract terms, the jury's award of consequential damages, or the denial of prejudgment interest.
• Clark v. Amoco Prod. Co.
  908 F.2d 29· 5th Cir.· 1990-08-14 ·cited 2×
  The court held that the 1911 deed unambiguously conveyed only four specifically described tracts of land, and since the defendant oil companies had no interest in those tracts, summary judgment for the defendants was proper.
• DELTA Servs. & Equip., Inc. v. Ryko Mfg. Co.
  908 F.2d 7· 5th Cir.· 1990-08-13 ·cited 2×
  A distributorship agreement with specific termination provisions for default or sales volume failure is still a contract of indefinite duration terminable at will upon reasonable notice, absent unequivocal language to the contrary.
• Hill v. London
  906 F.2d 204· 5th Cir.· 1990-07-24 ·cited 2×
  Under Mississippi law, a municipal ordinance cannot be collaterally attacked based on procedural defects in its enactment, and therefore the ordinance requiring smoke detectors is valid for this action.
• Alida Avila v. Diversified Servs., Inc.
  565 So. 2d 759· Fla. 3d DCA· 1990-07-17 ·cited 2×
  Alida Avila, as personal representative of her deceased husband's estate, challenged a summary judgment dismissing her claim for uninsured motorist benefits under a rental car agreement with Budget Rent-A-Car. The court reversed, holding that genuine issues of material fact exist
• On-Site Dev. Corp. v. Riley
  564 So. 2d 201· Fla. 5th DCA· 1990-07-05 ·cited 2×
  Riley sued On-Site Development, Consolidated Vista Development, and Brian Sparks for breach of a profit-sharing agreement regarding the Riverbend/Coralstone Club condominium project. The trial court granted partial summary judgment on liability in favor of Riley, but the appellat
• Marentette v. Local 174
  907 F.2d 603· 6th Cir.· 1990-07-03 ·cited 2×
  The court held that summary judgment was inappropriate because genuine issues of material fact existed regarding the interpretation of the term 'Journeyman' in the CBA and the union's duty of fair representation.
• Thompson v. Wheeler
  898 F.2d 406· 3d Cir.· 1990-03-21 ·cited 2×
  A general release in settlement of a personal injury claim does not, as a matter of Pennsylvania law, bar a claim for contribution against the released party unless the parties specifically intended and bargained for such a release.
• United Mine Workers OF Am. 1950 Benefit Plan & Tr. v. Bituminous Coal Operators' Ass'n, Inc.
  898 F.2d 177· D.C. Cir.· 1990-02-27 ·cited 2×
  The court held that the district court erred in applying the parol evidence rule to exclude contemporaneous memoranda that clarified the BCOA's obligation to increase contribution rates. The court found the BCOA's interpretation of the agreement as granting unbridled discretion u
• Ferrera v. Carpionato Corp.
  895 F.2d 818· 1st Cir.· 1990-02-07 ·cited 2×
  The court held that the draft employment agreement, lacking essential terms like salary, did not satisfy the Statute of Frauds, and thus no enforceable contract existed.
• Barton v. Commissioner OF Internal Revenue
  893 F.2d 306· 11th Cir.· 1990-01-29 ·cited 2×
  The Tax Court erred in refusing to consider relevant evidence and basing its ruling on a misunderstanding of the facts, necessitating a remand for further proceedings.
• Lawyers Title Ins. Corp. v. Honolulu Fed. Sav. & Loan Ass'n
  900 F.2d 159· 9th Cir.· 1990-01-11 ·cited 2×
  The court held that the estoppel certificates did not waive the lessor's right to cancel the leases, and therefore the mechanic's liens constituted an insurable loss under the title policy.
• McMAHON v. Pa. Life Ins. Co.
  891 F.2d 1251· 7th Cir.· 1989-12-12 ·cited 2×
  The court held that the breach of the implied covenant of good faith and fair dealing claim is barred by California's statute of limitations because it is a "foreign cause of action" under Wisconsin's borrowing statute.
• Vada L. Conger & V.L.C. Corp. v. Szeman, Inc.
  549 So. 2d 228· Fla. 3d DCA· 1989-09-26 ·cited 2×
• RMJ Enters. OF Nw. Fla., Inc. v. Borg Warner Acceptance Corp.
  547 So. 2d 211· Fla. 1st DCA· 1989-07-06 ·cited 2×
  RMJ Enterprises and individual guarantors appealed a summary judgment in favor of Borg Warner on a breach of personal guaranty and waiver agreement. The court affirmed, holding that alleged oral conditions precedent to the agreement's enforceability did not void the guaranty wher
• Johnson v. BAY Pines Fed. Credit Union & the United States
  544 So. 2d 296· Fla. 2d DCA· 1989-05-26 ·cited 2×
  An estate representative appeals a trial court's decision that a payable-upon-death beneficiary designation for a credit union member's primary share account also controlled the disposition of six separate share certificates purchased by the same member. The appellate court rever
• Transparent Prods. Corp. v. Paysaver Credit Union
  864 F.2d 60· 7th Cir.· 1988-12-16 ·cited 2×
  A document labeled a 'letter of credit' is not a letter of credit under the UCC if it does not contain an engagement to pay upon compliance with specified conditions.
• Mo. Sav. Ass'n v. Home Sav. OF Am.
  862 F.2d 1323· 8th Cir.· 1988-12-09 ·cited 2×
  The court held that the district court erred in granting summary judgment, as a jury could reasonably find that the second March 14 letter was intended to be part of the contract, and parol evidence may be admissible to interpret its terms.
• Chrysler Credit Corp. v. Louis Joliet Bank & Tr. Co.
  863 F.2d 534· 7th Cir.· 1988-11-28 ·cited 2×
  The court held that the second agreement rescinded a prior agreement concerning installment contract property, not the original land trust agreement, and that the doctrine of merger did not terminate the land trust under Illinois law.
• United States v. Schoenborn
  860 F.2d 1448· 8th Cir.· 1988-11-07 ·cited 2×
  The court held that the landowner's claims of estoppel and invalidity of the easement failed due to lack of reasonable reliance and the parol evidence rule, but modified the judgment to exclude restoration of two ditches where violations were not sufficiently proven.
• United States v. Triple A Mach. Shop, Inc.
  857 F.2d 579· 9th Cir.· 1988-09-14 ·cited 2×
  The disputes clause does not apply when the contract lacks a substantive clause for the type of claim brought.
• LeNEAVE v. N. Am. Life Assurance Co.
  854 F.2d 317· 8th Cir.· 1988-08-19 ·cited 2×
  An oral promise of lifetime employment is unenforceable when it directly contradicts an express provision for termination at will in a subsequent written contract.
• Lemke v. Sears
  853 F.2d 253· 4th Cir.· 1988-08-05 ·cited 2×
  The court held that the parol evidence rule does not bar extrinsic evidence of intent when a stranger to a release seeks to invoke it.
• Wellcraft Marine Corp. v. Outdoor World, Inc.
  533 So. 2d 775· Fla. 3d DCA· 1988-07-19 ·cited 2×
  Wellcraft Marine Corp. appealed a jury verdict awarding Outdoor World damages for fraud, while Outdoor World cross-appealed the dismissal of its breach of oral contract claim. The court affirmed the finding against Outdoor World on the oral contract claim but reversed the fraud d