Parol Evidence Rule

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

• T. J. Stevenson & Co., Inc. v. 81
  629 F.2d 338· 5th Cir.· 1980-10-27 ·cited 42×
  The court affirmed the district court's findings regarding the origin of flour beetle infestation, holding that the evidence supported the conclusion that infestation began before the flour reached the warehouses or ships, and that such findings were not clearly erroneous.
• Whiting Stoker Co. v. Chicago Stoker Corp.
  171 F.2d 248· 7th Cir.· 1948-12-03 ·cited 42×
  The court held that the contract was not ambiguous and that the payment made did not constitute an accord and satisfaction for the disputed liability.
• Payne v. Nicholson
  100 Fla. 1459· Fla.· 1930-12-11 ·cited 42×
  This case concerns whether a defendant can use a "recoupment" defense to reduce the amount owed on a promissory note based on an alleged agreement to credit an outstanding business account. The court held that such a defense is permissible, even if the account itself might be ind
• F.M.W. Props., Inc. v. Peoples First Fin. Sav. & Loan Ass'n
  606 So. 2d 372· Fla. 1st DCA· 1992-08-12 ·cited 41×
  In this mortgage foreclosure appeal, F.M.W. Properties and Fred Webb challenged summary judgment in favor of Peoples First Financial by claiming an oral agreement that the loan would be renewed at maturity based on property sales, not immediate payment. The court affirmed the sum
• United States v. Paul C. "Paulie" Villano
  816 F.2d 1448· 10th Cir.· 1987-04-21 ·cited 41×
• In re Stratford OF Tex., Inc. v. Stratford OF Tex., Inc.
  635 F.2d 365· 5th Cir.· 1981-01-26 ·cited 41×
  The court held that the definition of Class 3 creditors in the bankruptcy arrangement plan was ambiguous, and extrinsic evidence showed the intent was to classify Collins as a Class 3 creditor.
• OTT v. Midland-Ross Corp.
  600 F.2d 24· 6th Cir.· 1979-06-04 ·cited 41×
  The court held that summary judgment was improperly granted, as conflicting evidence existed regarding whether the employer fraudulently induced the employee to delay filing his age discrimination claim, and that the jury should determine these factual issues.
• Kimbell Foods, Inc. v. Republic Nat'l Bank OF Dallas & United States
  557 F.2d 491· 5th Cir.· 1977-08-12 ·cited 41×
  The Small Business Administration (SBA) does not have priority over Kimbell Foods, Inc. for the proceeds of an asset sale, as the SBA's claim to federal priority via the 'choateness' doctrine does not apply to its role as a commercial lender.
• Archibald McCallum and J. C. Greeley v. Driggs
  35 Fla. 277· Fla.· 1895-01-01 ·cited 41×
  McCallum and Greeley appealed a judgment against them on a promissory note held by Driggs. The court affirmed, holding that Greeley, who endorsed the note before delivery to the payee, was liable as an original joint maker rather than merely a surety, and that Driggs had sufficie
• Lente v. Clarke
  22 Fla. 515· Fla.· 1886-06-01 ·cited 41×
  In this 1886 Florida Supreme Court case, the court reversed a demurrer dismissing an action to enforce a land sales contract, holding that the contract's description of "my forty near the Garrison lands in Hernando county" was sufficiently certain to identify the property and enf
• Wisconsin Knife Works v. Nat'l Metal Crafters
  781 F.2d 1280· 7th Cir.· 1986-01-22 ·cited 40×
  The court held that detrimental reliance is not an essential element of waiver under UCC § 2-209(4), and that a waiver affecting an executory portion of a contract can be retracted unless unjust reliance occurred under § 2-209(5).
• K.M.C. Co., Inc. v. Irving Tr. Co.
  757 F.2d 752· 6th Cir.· 1985-03-04 ·cited 40×
  The court held that a jury waiver provision in a contract can be invalidated by prior oral representations that it would not be enforced, and that a lender's refusal to advance funds under a financing agreement, without prior notice, can breach the implied covenant of good faith
• Papago Tribal Util. Auth. v. Fed. Energy Regulatory Comm'n
  723 F.2d 950· D.C. Cir.· 1983-12-13 ·cited 40×
  The court held that the Commission's order approving rate increases and making them effective retroactively was valid, as the contract implicitly allowed for Section 206(a) rate changes and the substance of the required findings was met.
• Laborers Health & Welf. Tr. Fund FOR N. Cal. v. Kaufman & Broad OF N. Cal., Inc.
  707 F.2d 412· 9th Cir.· 1983-06-01 ·cited 40×
  The court held that the district court properly assumed jurisdiction under § 301 of the LMRA, but erred in granting summary judgment because the interpretation of whether 'callback work' is covered by the collective bargaining agreement presents a material dispute of fact for tri
• Union Planters Nat'l Leasing, Inc. v. Woods
  687 F.2d 117· 5th Cir.· 1982-09-30 ·cited 40×
  The court held that the district court did not err in granting summary judgment or in denying leave to amend the answer, as there were no genuine issues of material fact and the proposed amendment was futile.
• S. A. Empresa de Viacao Aerea RIO Grandense (Varig Airlines) v. The Boeing Co.
  641 F.2d 746· 9th Cir.· 1981-04-06 ·cited 40×
  The court held that the exculpatory clause, governed by Washington law, was valid and enforceable, barring claims for post-delivery negligence, violation of law, fraud, and strict liability.
• Mfrs'. Leasing, Ltd. v. Fla. Dev. & Attractions, Inc.
  330 So. 2d 171· Fla. 4th DCA· 1976-03-26 ·cited 40×
  The court reversed the dismissal of a lessor's action against a guarantor, holding that the signatory was personally bound by the guaranty contract despite adding his title as president, as the contract did not indicate an intent to bind only the corporation.
• Martin v. Hwy. Equip. Supply Co., Inc.
  172 So. 2d 246· Fla. 2d DCA· 1965-02-24 ·cited 40×
  A construction company appealed the dismissal of a complaint alleging an oral agreement to lease equipment with an option to purchase. The court affirmed the dismissal, holding that the alleged oral contract for the sale of personal property was barred by the statute of frauds.
• Shirley-Herman Co., Inc. v. Int'l HOD Carriers
  182 F.2d 806· 2d Cir.· 1950-05-29 ·cited 40×
  The court held that the Taft-Hartley Act applies to disputes violating collective bargaining agreements, and federal law governs the substantive rights and remedies, overriding state law requirements like showing bad faith.
• Bond v. Hewitt
  111 Fla. 180· Fla.· 1933-06-23 ·cited 40×
  Bond v. Hewitt addresses whether a warranty deed's covenant against encumbrances can be modified by parol evidence showing the parties actually agreed to different terms. The Florida Supreme Court held that parol evidence cannot be used to contradict or modify express covenants i
• Langley v. Owens
  52 Fla. 302· Fla.· 1906-06-01 ·cited 40×
  In this 1906 case, the Florida Supreme Court held that promissory notes bearing the printed device "(L. S.)" opposite the maker's signature constitute sealed instruments under Florida law, even absent explicit reference to a seal in the body of the notes. The court affirmed judgm
• de Vaux v. Westwood Baptist Church
  953 So. 2d 677· Fla. 1st DCA· 2007-04-04 ·cited 39×
  David de Vaux sought specific performance of an alleged real estate purchase agreement with Westwood Baptist Church for the sale of church property. The trial court dismissed the complaint for failure to state a cause of action, and the appellate court affirmed, finding the alleg
• Pettinelli v. Danzig
  722 F.2d 706· 11th Cir.· 1984-01-12 ·cited 39×
  The court held that the Agreement and Release conclusively resolved all claims arising from events prior to its date, barring claims of fraud in the inducement for that period.
• McDONALD v. Johnson & Johnson
  722 F.2d 1370· 8th Cir.· 1983-11-16 ·cited 39×
• Ingram Corp. & Ingram Contractors, Inc. v. J. RAY McDERMOTT & Co., Inc.
  698 F.2d 1295· 5th Cir.· 1983-02-28 ·cited 39×
  The court held that fraudulent concealment of an antitrust conspiracy by a party negotiating a release is sufficient to void the release, even if the concealment did not involve direct misrepresentation during the release negotiations.
• Furlong v. First Nat'l Bank OF Hialeah
  329 So. 2d 406· Fla. 3d DCA· 1976-03-23 ·cited 39×
  The court held that the defendants raised genuine issues of material fact regarding the bank's alleged agreement to execute mineral releases, precluding summary judgment.
• Sears v. James Talcott, Inc.
  174 So. 2d 776· Fla. 2d DCA· 1965-04-15 ·cited 39×
  The court held that defenses based on alleged oral assurances were inadmissible under the parol evidence rule because they contradicted the unambiguous terms of the written guarantee agreements.
• Johnston v. Sherehouse
  61 Fla. 647· Fla.· 1911-01-01 ·cited 39×
  This case concerns a dispute over the ownership of land purchased by a husband, Adam D. Johnston, but titled in his deceased wife's name. The court had to determine if a resulting trust in favor of the husband existed or if the property belonged to the wife's heirs. The appellate
• Env't Servs., Inc. v. Carter
  9 So. 3d 1258· Fla. 5th DCA· 2009-04-24 ·cited 38×
  Environmental Services, Inc. appeals a trial court's partial denial of its application for temporary injunctive relief against three former employees and their new employer for violating non-compete, non-solicitation, and confidentiality agreements. The Fifth District affirms in
• John F. Harkins Co., Inc. v. The Waldinger Corp.
  796 F.2d 657· 3d Cir.· 1986-07-14 ·cited 38×
  The court held that the district court's interpretation of the subcontract's arbitration provision, limiting it to the scope of the primary contract's arbitration clause, was not clearly erroneous and affirmed the injunction against arbitration.
• Fid. & Deposit Co. OF Md. v. City OF Sheboygan Falls & the Vill. of Kohler
  713 F.2d 1261· 7th Cir.· 1983-07-19 ·cited 38×
  The court held that the district court erred in granting summary judgment because genuine issues of material fact exist regarding whether Scotty guaranteed the performance of the air pollution control system, thus precluding summary judgment on the breach of contract claim.
• The Nw. Bank v. Cortner
  275 So. 2d 317· Fla. 2d DCA· 1973-03-30 ·cited 38×
  Northwestern Bank appeals a judgment in favor of guarantor Cortner, who was sued to enforce a loan guaranty agreement. The court held that the guaranty was conditional upon the bank's compliance with specific terms in a related loan agreement, including securing accounts receivab
• Clements Auto Co. v. The Serv. Bureau Corp.
  444 F.2d 169· 8th Cir.· 1971-04-27 ·cited 38×
  A contract provision disclaiming warranties does not preclude liability for actionable misrepresentation under Minnesota law, even if the misrepresentations are innocent.
• The Union Ins. Soc'y OF Canton, Ltd. v. William Gluckin & Co., Inc.
  353 F.2d 946· 2d Cir.· 1965-12-20 ·cited 38×
  The court held that the phrase "excluding customers' goods separately insured" in the Union policy is ambiguous, creating a genuine issue of material fact regarding the parties' intent, thus precluding summary judgment.
• Champlin v. State
  122 So. 2d 412· Fla. 2d DCA· 1960-08-10 ·cited 38×
  John Champlin was convicted of child molestation under Florida law. On appeal, he challenged the trial court's evidentiary rulings regarding inadmissible writings and the failure to have the information sworn to by the prosecuting officer. The court affirmed the conviction, findi
• Fidelity-Phenix Fire Ins. Co. v. Farm AIR Serv., Inc.
  255 F.2d 658· 5th Cir.· 1958-04-30 ·cited 38×
• DeLancey C. Smith v. Bear
  237 F.2d 79· 2d Cir.· 1956-09-04 ·cited 38×
  The court held that the trial court correctly applied the parol evidence rule under California law to exclude evidence of oral agreements inconsistent with written margin agreements, and that the exclusion of certain memoranda was not reversible error.
• State ex rel. Guardian Credit Indem. Corp. v. Harrison
  74 So. 2d 371· Fla.· 1954-07-23 ·cited 38×
  The Florida Supreme Court upheld jurisdiction over a foreign corporation (Guardian Credit Indemnity Corporation) based on service of process via the Secretary of State under Florida's long-arm statute. The court departed from the restrictive "mere solicitation rule" and adopted t
• Roe v. Henderson
  139 Fla. 386· Fla.· 1939-07-21 ·cited 38×
  This case involves a contract dispute over the payment for citrus fruit. The appellate court affirmed the lower court's judgment, finding that the trial court correctly excluded evidence of local custom that would have contradicted the clear terms of the written contract and that
• Brown v. Brown
  106 Fla. 423· Fla.· 1932-08-09 ·cited 38×
  This Florida Supreme Court case concerns whether a resulting trust was created when George L. Brown took title to St. Petersburg property that his mother allegedly paid for. The court affirmed the lower court's dismissal of the trust claim, holding that the plaintiffs failed to e
• Hinote v. Brigman
  44 Fla. 589· Fla.· 1902-06-01 ·cited 38×
  This case addresses whether a verbal contract for logging services made in December 1891 was binding when the parties later agreed to reduce it to writing but the written version was signed only by the defendant, not the plaintiffs. The Florida Supreme Court held that a completed
• City OF Yonkers & Yonkers Cmty. Dev. Agency v. Otis Elevator Co. & United Techs. Corp.
  844 F.2d 42· 2d Cir.· 1988-04-07 ·cited 37×
  The court held that summary judgment for the defendant was appropriate because there was no genuine issue of material fact regarding an implied contract for the plaintiff to remain in the city, and equitable estoppel and quasi-contract claims were also without merit. The court al
• Specialty Rests. Corp. v. City OF Miami
  501 So. 2d 101· Fla. 3d DCA· 1987-01-20 ·cited 37×
  Specialty Restaurants challenged the City of Miami's consent to a sublease that allowed the sale of alcoholic beverages beyond beer on adjacent property, arguing the master lease only permitted beer and that any modification required competitive bidding or voter approval. The cou
• Winthrop F. Davis v. Chevy Chase Fin. Ltd. & B. Francis Saul
  667 F.2d 160· D.C. Cir.· 1981-10-15 ·cited 37×
  The arbitrator exceeded his authority by ruling on the contractual obligation to sell shares, and the district court erred in granting summary judgment on the contract interpretation and securities claims due to ambiguity and potential factual issues.
• Hamilton Life Ins. Co. OF NEW York v. Republic Nat'l Life Ins. Co.
  408 F.2d 606· 2d Cir.· 1969-03-12 ·cited 37×
  The court held that the Federal Arbitration Act applies to insurance contracts and that a party's consent to arbitration in New York confers personal jurisdiction, even if service of process occurred elsewhere.
• Howard v. Adele Y. Goodspeed
  101 Fla. 699· Fla.· 1931-05-28 ·cited 37×
  This case concerns whether two assignments of mortgages, absolute in form, were intended as security for a loan or as outright sales. The court affirmed the lower court's decision that the assignments were intended as security, requiring an accounting and a money judgment against
• IN & FOR Sussex Cnty. James R. Klinedinst v. : Cach, LLC
  2013 WL 1143670· Del. Super. Ct.· 2014-01-10 ·cited 36×
  The Court of Common Pleas erred in granting summary judgment to the plaintiff because the plaintiff failed to establish, without a genuine issue of material fact, that it was the proper party to bring the action. The plaintiff did not produce sufficient admissible evidence to pro
• Baggett v. Electricians Local 915 Credit Union
  620 So. 2d 784· Fla. 2d DCA· 1993-04-30 ·cited 36×
  Baggett deposited $40,000 in a certificate of deposit at a credit union, relying on advice from the credit union's assistant manager to title it to protect the funds from his ex-wife. After his ex-wife withdrew most of the funds using a power of attorney from his incarcerated son
• Carriers Container Council, Inc. v. Mobile S.S. Assoc. Inc.-International Longshoreman's Assoc.
  896 F.2d 1330· 11th Cir.· 1990-03-22 ·cited 36×
  The court held that the Job Security Program (JSP) agreement was part of interrelated collective bargaining agreements, that the JSP agreement was ambiguous regarding surplus funds, and that federal labor policy, drawing on ERISA, prevented the return of surplus funds to carriers
• Grant v. Preferred Research, Inc.
  885 F.2d 795· 11th Cir.· 1989-09-29 ·cited 36×
  The court held that the plaintiff's fraud claim was barred by the statute of limitations and that the damages awarded for the contract claim were not supported by the evidence, requiring a new trial on that claim.