Parol Evidence Rule

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

• Sottong v. Magnolia Petroleum Co.
  162 F.2d 811· 10th Cir.· 1947-07-07
  The court held that the trial court's findings were supported by substantial evidence, establishing a binding agreement for the oil and gas lease.
• Shinn v. Buxton
  154 F.2d 629· 10th Cir.· 1946-03-25
  The dissenting judge believes the trial court's judgment reforming the deed was correct and should be affirmed.
• Nw. Mut. Fire Ass'n v. Union Mut. Fire Ins. Co. of Providence
  144 F.2d 274· 9th Cir.· 1944-08-04
  The court held that the plain terms of the reinsurance treaty and custom and usage in the insurance business supported the reinsurer's interpretation of 'net retention'.
• Hooper v. Atkinson
  152 Fla. 726· Fla.· 1943-04-13
  In this replevin action, the Florida Supreme Court reversed a directed verdict for the defendant, holding that whether a retain-title automobile note was discharged through a subsequent refinancing transaction was a jury question requiring consideration of extrinsic evidence, des
• Marks v. Reconstr. Fin. Corp.
  129 F.2d 759· 4th Cir.· 1942-07-30
  The court held that the Reconstruction Finance Corporation (RFC) could sue in federal court on a note assigned to it, and that the amount in controversy exceeded the jurisdictional minimum, despite figures on the note's back.
• Sears Roebuck & Co. v. McClure
  150 Fla. 667· Fla.· 1942-05-26
  Sears Roebuck sued J. S. McClure on a promissory note for approximately $1,482. McClure defended on the grounds that a Federal Land Bank loan and assignment of lease rentals constituted full payment and discharge of the debt. The Florida Supreme Court reversed the judgment for Mc
• Kendrick v. Ownby
  123 F.2d 689· 5th Cir.· 1941-11-29
  The court held that the contract between Kendrick and Ownby was not void due to Kendrick's prior undisclosed agency conflict, and the trial court erred in withdrawing the case from the jury.
• Cleapor v. Atlanta
  123 F.2d 374· 5th Cir.· 1941-11-10
  The court held that the plaintiff's alleged oral employment contract was void under the Georgia Statute of Frauds because it was not to be performed within one year.
• Griffin v. Travelers Ins. Co.
  122 F.2d 395· 9th Cir.· 1941-08-28
  The court held that the cash value of a policy is adjusted based on premiums paid, and a policy lapses if total indebtedness equals or exceeds the adjusted cash value after proper notice.
• In re Theodore A. Kochs Co. v. Wick
  120 F.2d 603· 7th Cir.· 1941-05-16
  The court held that plant machinery and equipment, indispensable to the operation of a factory and installed with the intent to permanently improve the realty, are considered fixtures that pass with a real estate mortgage, even if removable without material damage.
• Kuhn v. Chesapeake & O. Ry. Co.
  118 F.2d 400· 4th Cir.· 1941-03-10
  The court held that the trial court erred in certain jury instructions regarding the river boundary, the exclusion of evidence of prior adverse possession, and in instructing the jury that a deed was fraudulent.
• De Valencia v. Pace
  146 Fla. 159· Fla.· 1941-02-14
  The court reviewed a decree dismissing a bill of complaint concerning a real estate transaction where the plaintiff conveyed title to a lot to Pace after securing a loan. The plaintiff sought to cancel the deed, a subsequent sales contract, and his personal liability on the mortg
• Long v. Angel
  144 Fla. 644· Fla.· 1940-11-01
  Margaret Long sued Jane Angel on a promissory note for $1,000 executed in 1929. Angel defended by claiming failure of consideration based on an earlier property investment arrangement, but the Florida Supreme Court affirmed judgment for Long, holding that the note was an unambigu
• Bischoff v. Weber
  141 Fla. 55· Fla.· 1939-12-12
  This case addresses whether a mortgagee assignee who accepts a warranty deed from mortgagors expressly stating it is not for additional security can later use parol evidence to vary the deed's terms and treat it as additional security for foreclosure. The Florida Supreme Court af
• Rosamond Morin v. Dehon
  139 Fla. 848· Fla.· 1939-07-28
  Rosamond Morin appealed the dismissal of her complaint against the Dehons seeking to enforce a mortgage release obligation. The case involves whether St. Lucie Estates' payment to St. Lucie Fruit Company to release mortgage liens on four lots created enforceable rights against su
• Howard v. Roberts
  124 Fla. 840· Fla.· 1936-07-17
  This is an equity foreclosure case where the mortgagor defended the foreclosure by asserting a parol agreement with the mortgagee allowing him to harvest turpentine timber from the mortgaged property. The Florida Supreme Court affirmed the trial court's grant of a motion to strik
• Reliance Fertilizer Co. v. Davis
  119 Fla. 313· Fla.· 1935-05-13
  Reliance Fertilizer Company sued J. A. Davis on a promissory note. The trial court sustained Davis's demurrers to his pleas, and the Florida Supreme Court reversed, holding that Davis's pleas—which attempted to set up parol agreements contradicting the written note—constituted no
• Wicker v. Hampton
  104 Fla. 400· Fla.· 1932-03-10
  Wicker sued Hampton's executors to recover $1,377.50 paid for scrip (land certificates) that failed to yield title to land due to disputes between Hampton and the State Board of Education. The Florida Supreme Court affirmed the directed verdict for the defendants, holding that Ha
• Hopkins v. Commercial Bank
  64 Fla. 310· Fla.· 1912-06-01
  The Florida Supreme Court affirmed judgment for the Commercial Bank in an action on a promissory note, holding that the named payee's endorsement as an endorser (with waiver of demand, notice, and protest) does not constitute him a joint maker, and that parol evidence cannot be u
• Lott v. Barnes & Jessup Co.
  57 Fla. 468· Fla.· 1909-01-01
  Lott and Womack appealed an order overruling their plea to a bill seeking to enforce a mortgage lien on their turpentine plant. The Florida Supreme Court affirmed the trial court's rejection of their plea, holding that the plea was too broad and failed to negate the mortgagees' l
• Loveland v. Perkins
  55 Fla. 500· Fla.· 1908-01-01
  This case involves a dispute over a contract for jewelry. The defendants claimed the goods received were not as represented by samples and were of inferior quality, leading them to return the goods. The court affirmed the jury's verdict in favor of the defendants.
• Yager v. McCormack
  41 Fla. 204· Fla.· 1899-01-01
  In this 1899 Florida case, the court addresses whether a broker who drew bills of exchange on behalf of a principal could avoid personal liability as drawer. The Supreme Court reversed a judgment against the defendants (the bank that cashed the bills) and granted a new trial, hol
• The Fla. Sav. Bank & Real Est. Exch. v. Smith
  21 Fla. 258· Fla.· 1885-01-01
  The Florida Savings Bank sued to recover property based on a tax deed for unpaid 1873 taxes. The trial court admitted evidence of tax payments and a deed without proper foundation or explanation, and the jury found for the defendants. The Supreme Court reversed, holding that the
• Magee v. Bunting
  Del. Ch.·
  The court held that the plaintiff, Magee, owns the irrigation systems. The court found that the lease provision regarding improvements did not apply to pre-existing systems and that an oral agreement between Magee and the landlord's predecessor granted Magee ownership. Consequent