Parol Evidence Rule

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

• Isenhour v. Tipanos N.V.
  465 So. 2d 536· Fla. 5th DCA· 1985-02-07
  Isenhour appeals a judgment awarding Tipanos $12,400 under a lease/option to purchase agreement. The court affirmed, holding that Isenhour remained obligated to pay all consideration due under the agreement even though he vacated and terminated the lease/option early, citing plum
• Myers v. Lewis State Bank
  462 So. 2d 530· Fla. 1st DCA· 1985-01-08
  Myers appealed a foreclosure judgment involving complex security interests in multiple notes and mortgages. The court affirmed the trial court's decision that proceeds from the sale of Seminole Distributors' inventory should be applied to the earlier $210,000 note rather than the
• Whitaker-Merrell Co. v. Profit Counselors, Inc.
  748 F.2d 354· 6th Cir.· 1984-11-26
  The court held that the contract required the defendant to provide only a method for overhead allocation, not specific percentage mark-ups, and that the defendant did not breach its contractual or tort duties.
• Prewitt v. Numismatic Funding Corp.
  745 F.2d 1175· 8th Cir.· 1984-10-05
  The court held that under a sale on approval, the risk of loss remains with the seller until acceptance, and the buyer's return of goods via mail within the agreed time constitutes seasonable notification.
• The United States v. Human Res. Mgmt., Inc.
  745 F.2d 642· Fed. Cir.· 1984-10-03
  The dissenting judge would hold that the government's actions directly caused the contractor's default and that the termination was improper.
• J.I. Kislak Mortg. Servicing Corp. v. Harlem Sav. Bank
  738 F.2d 1215· 11th Cir.· 1984-08-13
  The court held that the 1979 and 1980 mortgage servicing agreements were non-cancellable, affirming the district court's judgment.
• United States v. Reagle
  740 F.2d 266· 3d Cir.· 1984-08-03
  The court held that a false representation of agency on a power of attorney filed with a depositary bank, rather than on the face of the instrument itself, constitutes forgery under 18 U.S.C. § 495.
• LSB Indus., Inc. v. Prudential Lines, Inc.
  736 F.2d 10· 2d Cir.· 1984-05-23
  The court held that the district court did not err in interpreting the tariff to mean that the 'Full LASH Barges' rate applied only when barges were loaded to their full capacity.
• Ford Motor Co. v. ST. James Bank & Tr. Co.
  731 F.2d 284· 5th Cir.· 1984-05-07
  The court held that Ford was estopped from claiming the 'Verification of Credit' was a letter of credit for $500,000 per day because its conduct and knowledge indicated it understood the bank's intent was only to verify an aggregate credit limit.
• Aldredge v. E. Colonial Refuse Serv., Inc.
  452 So. 2d 939· Fla. 5th DCA· 1984-04-19
  Robert Aldredge sued East Colonial Refuse Service, Inc. on a promissory note. The trial court improperly admitted parol evidence to show the note lacked consideration based on one defendant's unilateral belief that another party would pay it. The appellate court reversed, holding
• Century Props., Inc. v. MacHtinger
  448 So. 2d 570· Fla. 2d DCA· 1984-04-06
  Century Properties and Richard Simons appealed a judgment awarding compensatory and punitive damages to homeowners over a construction contract dispute involving change order billing. The court affirmed compensatory damages but reversed the punitive damages award, holding that fr
• Shell Dev. Corp. v. ANN Ford, Inc.
  443 So. 2d 409· Fla. 4th DCA· 1984-01-04
  Shell Development Corporation appealed a judgment awarding Ann Ford, Inc. a $20,000 real estate commission. The court reversed, holding that a January 1980 letter from Shell's lawyer to Ann Ford was unambiguous and therefore parol evidence of an additional commission agreement wa
• Beaulem, Inc. v. Titone
  442 So. 2d 1046· Fla. 4th DCA· 1983-12-14
  Beaulem, Inc., a restaurant/lounge, appeals summary judgments for liability and damages in favor of attorney Joseph Titone in a fee dispute arising from a retainer agreement. The court reverses, finding genuine issues of fact precluding summary judgment and determining the writte
• Margolis v. City Nat'l Bank OF Hallandale
  436 So. 2d 438· Fla. 4th DCA· 1983-08-31
  The court reversed a trial court's rescission of a lease assignment, holding that unambiguous written contract language cannot be altered by oral testimony of a party's subjective intent. This case clarifies that written agreements, even if seemingly disadvantageous to one party,
• Monumental Life Ins. Co. v. Commonwealth Land Title Ins. Co.
  435 So. 2d 975· Fla. 3d DCA· 1983-08-09
  Monumental Life Insurance Company sought recovery of an escrow deposit from Commonwealth Land Title Insurance Company after a lessee exercised an option to purchase property. The court reversed the trial court's admission of parol evidence to vary the unambiguous terms of the wri
• PAN Am. Hosp. Corp. v. Dep't of Health & Rehabilitative Servs.
  433 So. 2d 568· Fla. 3d DCA· 1983-05-24
  Pan American Hospital appeals DHRS's final order denying retroactive Medicaid reimbursement for services rendered during fiscal years 1975-1980. The court affirms, holding that the Participation Agreement between the hospital and DHRS, which the hospital voluntarily entered and r
• Fredericks v. Howell
  426 So. 2d 1200· Fla. 4th DCA· 1983-02-09
  Appellant Fredericks appeals a judgment awarding broker Howell a commission on the sale of his property, claiming the trial court erred in excluding a photocopy of a carbon copy of a cancellation letter. The Fourth District reversed, holding that the photocopy was admissible seco
• Crawford v. Kemmons Wilson
  693 F.2d 606· 6th Cir.· 1982-11-24
  The court held that the district court's interpretation of the stock purchase agreement's warranty and set-off provisions, which denied the buyer a set-off based on book value at closing, was reasonable and not clearly erroneous.
• Pollock v. NEW York Life Ins. Co.
  691 F.2d 961· 10th Cir.· 1982-11-04
  The court held that the insurance company did not waive its right to enforce the lapse of the policies because the facts did not demonstrate an intentional relinquishment of a known right, nor did the company's conduct induce reliance or constitute fraud.
• In re the Est. OF Annie J. Carlson v. William
  421 So. 2d 1093· Fla. 4th DCA· 1982-10-06
  This appeal concerns the interpretation of a joint and reciprocal will executed by Herbert and Annie Carlson. The probate court granted summary judgment determining that the will's major dispositive provisions applied only if both testators died simultaneously, and since they did
• F. R. Hoar & Sons, Inc. v. McELROY Plumbing & Heating Co.
  680 F.2d 1115· 5th Cir.· 1982-07-23
  The court held that the parol evidence rule did not bar evidence of a unilateral mistake, as the written contract was not a complete and accurate integration of the parties' agreement.
• Biggle v. Harper & ROW Publishers, Inc.
  675 F.2d 107· 6th Cir.· 1982-03-31
  The court held that the writings relied upon by the plaintiffs were sufficient to satisfy the requirements of the New York statute of frauds, allowing the breach of contract claim to proceed.
• In re Colo. Spanish Peaks Ranch, Inc. v. Colo. Spanish Peaks Ranch, Inc.
  661 F.2d 759· 9th Cir.· 1981-11-16
  The court held that the district court correctly applied the parol evidence rule to disallow oral modification of the mortgage release provisions and found the lender entitled to enforce its lien.
• Intercontinental Engineering-Manufacturing Corp. v. C. F. Bean Corp.
  647 F.2d 621· 5th Cir.· 1981-06-12
  The court held that the escrow agreement created a principal-agent relationship, making Bean liable for Robinson's breach of the sales contract with Intercon.
• Oswald Morales v. Morales
  397 So. 2d 934· Fla. 3d DCA· 1981-04-07
  Oswald Morales appeals an order compelling him to pay $2,000 in attorney's fees and $164.23 in costs to his wife's attorney. The central dispute is whether the $2,000 payment to the attorney was intended as a total fee (with the wife receiving reimbursement from amounts the husba
• Caribe Tugboat Corp. v. J. D. Barter Constr. Co.
  509 F. Supp. 312· M.D. Fla.· 1981-01-29
  The court held that the exculpatory clauses in the private contract of affreightment are enforceable because the parties, including experienced contractors represented by counsel, freely negotiated the terms, including the risk allocation and insurance provisions, and the contrac
• Bistline v. The United States
  640 F.2d 1270· Ct. Cl.· 1981-01-28
  The court held that plaintiffs were not entitled to compensation for inverse condemnation because the government's dam project did not increase the elevation, frequency, or duration of flooding, and the plaintiffs' predecessors in title had granted a broad flowage easement releas
• Heflin v. W. D. M. Corp.
  391 So. 2d 357· Fla. 2d DCA· 1980-12-17
  The court held that the trial court correctly determined that the lease agreement did not contemplate the improvements made, thus the mechanic's lien did not attach to the lessor's fee interest.
• Phillips v. Iglehart
  626 F.2d 393· 5th Cir.· 1980-09-24
  The court held that the Florida Supreme Court's determination that a repurchase option covenant is invalid and unenforceable, that the deed may not be rescinded, and that the grantors are entitled to equitable relief, is binding.
• Ltd. Flying Club, Inc. v. Wood
  632 F.2d 51· 8th Cir.· 1980-09-16
  The court held that the seller's representations in the airplane's logbook, including airworthiness certifications, created an express warranty that was not negated by an 'as is' clause, but reversed the fraud finding due to insufficient evidence of reckless disregard.
• R. S. Mikesell Assocs. v. Grand River DAM Auth.
  627 F.2d 211· 10th Cir.· 1980-07-15
  The court should affirm the trial court's decision regarding the 1966 contract, as it likely violates public policy due to its indefinite or excessively long duration.
• Am. Fletcher Mortg. Co., Inc. v. Cousins Mortg. & Equity Invs.
  623 F.2d 1228· 7th Cir.· 1980-06-20
  The court held that the participation agreement, as amended, authorized the release of the mortgage on Phase I despite Norbeck's prior default, because Cousins waived its right to object by executing the amendment.
• Anderson v. Martincic
  386 So. 2d 13· Fla. 5th DCA· 1980-06-11
  Anderson appeals a judgment denying specific performance of an option agreement to purchase a business. The trial court found the contract ambiguous regarding payment terms, but the appellate court reversed, holding that the payment terms were sufficiently clear and the disputed
• Shupnick v. Pershing Auto Leasing, Inc.
  383 So. 2d 1164· Fla. 3d DCA· 1980-06-03
  The court held that damages for breach of contract should be calculated from the date the rescission judgment became final, not from the date of the appellate court's affirmance.
• The Nat'l Bank of S.C. v. The United States
  621 F.2d 1109· Ct. Cl.· 1980-04-30
  The court held that genuine issues of material fact remained regarding the FmHA supervisor's authority to bind the FLB, whether consideration existed for the purported contract, the extent of the contractual obligation for joint payee status, and the applicability of the parol ev
• In re King Res. Co. v. King Res. Co. & Int'l Res., Ltd.
  614 F.2d 703· 10th Cir.· 1980-01-31
• City OF Miami v. Great Sw. Fire Ins. Co.
  376 So. 2d 893· Fla. 3d DCA· 1979-11-06
  The court held that genuine issues of material fact existed regarding whether the insurance broker had authority to bind the insurer to a 90-day cancellation clause and whether the parties intended the policy to be an integration of their entire agreement.
• Casper v. Metal Trades, Inc.
  604 F.2d 299· 4th Cir.· 1979-08-09
  The court held that extrinsic evidence was properly admitted to interpret the ambiguous terms of the purchase order, and the district court's findings of fact based on that evidence were not clearly erroneous.
• Uslife Credit Corp. v. Fed. Trade Comm'n
  599 F.2d 1387· 5th Cir.· 1979-08-03
  The court held that the Federal Trade Commission's finding of violations of Regulation Z was contrary to law, as the petitioners had technically complied with the regulation's requirements.
• In re the Arb. between Atl. Navigation Corp., Ltd.
  603 F.2d 401· 2d Cir.· 1979-07-30
  The court dismissed the appeal as moot due to intervening events, vacating the lower court's decision without prejudice to arbitration in the ongoing California litigation.
• Harris v. Lockheed Aircraft Corp.
  572 F.2d 138· 6th Cir.· 1978-02-28
  The court held that employees at the Chattanooga plant are only entitled to the retirement benefits provided by their specific collective bargaining agreement with Local 176, not more liberal benefits negotiated by other unions at different Lockheed plants.
• Arcata Nat'l Corp. v. Rengo
  538 F.2d 273· 9th Cir.· 1976-07-02
  The court held that the written agreement of June 2, 1971, did not constitute an oral modification of the Plan to grant Elsasser an absolute right to purchase the leases, and that the parties had adhered to the original Plan.
• Beck v. Teague
  534 F.2d 300· C.C.P.A.· 1976-05-06
  The court held that the Patent and Trademark Office Board of Patent Interferences correctly awarded priority to the junior party Teague, finding Teague's invention was reduced to practice prior to Beck's filing date.
• Menke v. Marcel Cournoyer
  330 So. 2d 491· Fla. 4th DCA· 1976-04-15
  The court held that parol evidence was admissible to show the understanding that individual liability on the promissory note would be released upon the corporation's formation.
• Zolar Publ'g Co., Inc. v. Doubleday & Co., Inc.
  529 F.2d 663· 2d Cir.· 1975-12-17
  Summary judgment was improperly granted because genuine issues of material fact exist regarding the duration and termination of the licensing agreements for both books.
• Graphic Press, Inc. v. Commissioner OF Internal Revenue
  523 F.2d 585· 9th Cir.· 1975-09-19
  The court held that compensation received for relocation costs in a condemnation award, even if characterized as separate from the property value, qualifies for nonrecognition of gain under I.R.C. § 1033 if reinvested in similar property.
• Keller Indus., Inc. v. Holden
  514 F.2d 1269· 5th Cir.· 1975-06-23
  The court held that the defendant's testimony regarding his belief about the outcome of the contract did not constitute evidence of a contemporaneous oral agreement to modify the written terms, and thus did not support an accord and satisfaction defense.
• Clark v. Kraftco Corp.
  510 F.2d 500· 2d Cir.· 1975-02-06
  The court held that the Breyer Agreement's provision for an actuarial study and the consultants' final and binding decision was unambiguous, and Kraftco was obligated to pay the determined sum.
• Ritter v. Mobil OIL Corp.
  501 F.2d 170· 5th Cir.· 1974-09-23
  The court held that the trial court properly allowed the jury to consider whether the contract lacked consideration or was intended as security, and that evidence of subsequent events was irrelevant to the inducement claim.
• In re McBRAYER Enters., Inc. v. Nat'l City Bank OF Rome
  493 F.2d 463· 5th Cir.· 1974-04-29
  The court held that the parol evidence rule bars extrinsic evidence to explain an immaterial ambiguity in a promissory note, and the ambiguity regarding the specific stocks does not negate the clear pledge of stock as collateral by the corporation.