Parol Evidence Rule

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

• Shale v. United States
  388 F.2d 616· 5th Cir.· 1968-01-23 ·cited 32×
  The court held that the trial court did not err in admitting evidence or denying the motion for acquittal, affirming the conviction.
• Meyers v. The Selznick Co., Inc.
  373 F.2d 218· 2d Cir.· 1966-12-19 ·cited 32×
  The court held that the determination of whether the ultimate deals with Shore were included in the parties' agreement and whether the plaintiff waived his claim by accepting a partial payment presented questions of fact for the jury.
• Hope v. Hearst Consol. Publ'ns, Inc.
  294 F.2d 681· 2d Cir.· 1961-09-07 ·cited 32×
  The court held that testimony identifying the plaintiff as the subject of a defamatory 'blind item' was admissible under Federal Rule of Civil Procedure 43(a) by applying federal equity rules favoring admissibility.
• Livingston S. Hiern v. ST. Paul-Mercury Indem. Co.
  262 F.2d 526· 5th Cir.· 1959-01-13 ·cited 32×
  The court held that alleged misrepresentations inducing a settlement contract raise genuine issues of material fact, precluding summary judgment.
• Ramey v. Koons
  230 F.2d 802· 5th Cir.· 1956-02-29 ·cited 32×
  The court held that the parol evidence rule and Florida law on fraud and corporate liability precluded the landlord from recovering against the individual partner when the lease explicitly allowed assignment and release upon assumption by an assignee.
• Grable v. Nunez
  64 So. 2d 154· Fla.· 1953-02-17 ·cited 32×
  This case involves a 1921 conveyance of property by a spendthrift son to his mother, characterized as absolute on its face but challenged as creating a constructive trust or mortgage. The Florida Supreme Court reversed the lower court's decree creating a constructive trust, holdi
• Rivers v. Brown
  62 Fla. 258· Fla.· 1911-06-01 ·cited 32×
  This case involved a promissory note dispute where the maker (Rivers) claimed the note was delivered conditionally—that payment was not due until cross ties he manufactured were sold—and that the payee (Brown) had promised not to demand payment until that sale occurred. The Flori
• Herrin v. Mrs. C. R. Abbe
  55 Fla. 769· Fla.· 1908-01-01 ·cited 32×
  This case examines whether a grantee who purchases property subject to a mortgage can be held liable for the mortgage debt if they verbally agreed to assume it as part of the purchase price. The court affirmed the foreclosure decree, holding that such a parol agreement is enforce
• Serafina W. de Bartlett v. Eloisa B. de Wilson and Jose O. Wilson
  52 Fla. 497· Fla.· 1906-06-01 ·cited 32×
  This case addresses whether an absolute deed of conveyance for real property should be treated as a mortgage when executed to secure payment of a debt. The Florida Supreme Court held that parol evidence is admissible to show such an intent, and that where a creditor's agent accep
• U.S.B. Acquisition Co., Inc. v. Stamm
  660 So. 2d 1075· Fla. 4th DCA· 1995-08-09 ·cited 31×
  A buyer of a concrete manufacturing business sued the sellers for breach of contract and tort claims, while sellers counterclaimed for the unpaid promissory notes. The Fourth District Court of Appeal affirmed the trial court's directed verdict dismissing the buyer's $800,000 clai
• Manetti-Farrow, Inc. v. Gucci Am., Inc.
  858 F.2d 509· 9th Cir.· 1988-09-28 ·cited 31×
  The court held that the forum selection clause in the contract applied to the tort claims, and that federal law governs the interpretation and enforcement of such clauses.
• Towns Realty, Inc. v. Safeco Ins. Co. OF Am.
  854 F.2d 1264· 11th Cir.· 1988-09-14 ·cited 31×
  The court held that Commercial Union's policy, which explicitly stated it provided primary insurance, was primarily liable for the insured's loss, and Safeco's policy, containing an 'escape clause,' was secondary to Lexington's umbrella policy.
• Litman v. Mass. Mut. Life Ins. Co.
  739 F.2d 1549· 11th Cir.· 1984-08-27 ·cited 31×
  The court held that the statement made by Mass Mutual to Litman's prospective employer was invited and thus not actionable slander, requiring reversal of that portion of the award and a new trial on punitive damages. The remaining claims were found to be without merit.
• Johnson v. Johnson
  403 So. 2d 1388· Fla. 2d DCA· 1981-10-07 ·cited 31×
  In this divorce modification appeal, the court reversed a trial court's enforcement of an alleged oral agreement requiring Dr. Johnson to pay his ex-wife an additional $800 monthly, holding that the parol evidence rule barred evidence of contemporaneous oral agreements that relat
• Emilio FOX and Frances Fox v. The Sails AT Laguna Club Dev. Corp.
  403 So. 2d 456· Fla. 3d DCA· 1981-08-11 ·cited 31×
  The court held that the unit reservation and deposit receipt agreements were not sufficiently definite to warrant specific performance due to missing essential terms like payment terms. However, the agreements were not fatally defective for a claim of damages.
• Globe Motors, Inc. v. Studebaker-Packard Corp.
  328 F.2d 645· 3d Cir.· 1964-03-06 ·cited 31×
  The court held that the manufacturer's actions did not constitute a "lack of good faith" under the Automobile Dealers’ Day in Court Act because the alleged misconduct did not involve coercion or intimidation, and oral assurances contradicting the written contract were inadmissibl
• Fakouri v. Cadais
  147 F.2d 667· 5th Cir.· 1945-02-22 ·cited 31×
  The court held that a nuncupative testament by public act is void if it does not expressly state on its face that the will was dictated to the notary and written down by him in the presence of the witnesses, as required by Louisiana law.
• The Am. Lead Pencil Co. v. F. A. Wolfe & Co.
  30 Fla. 360· Fla.· 1892-06-01 ·cited 31×
  The American Lead Pencil Company appeals a judgment against it for goods sold to a third party (Dees & Barton) on the alleged promise of its agent Gudenrath to pay the proceeds of cedar logs to the sellers (Wolfe & Co.). The Florida Supreme Court reversed, holding that Gudenrath
• The First Nat'l Bank of Fla. v. Ashmead
  23 Fla. 379· Fla.· 1887-06-01 ·cited 31×
  The Florida Supreme Court held that an absolute deed of conveyance executed by a husband and wife to secure a debt on homestead property constitutes a valid mortgage, despite lacking the formal characteristics of a traditional mortgage instrument. The court established that parol
• Doe on the Demise of Maria Daggett v. Chas. Willey
  6 Fla. 482· Fla.· 1855-04-01 ·cited 31×
  This ejectment action involved competing land claims in Jacksonville, Florida, stemming from Spanish land grants. The court affirmed a jury verdict for the defendant, holding that parol evidence of boundary agreements and long acquiescence by the parties could establish the true
• LOU Bachrodt Chevrolet, Inc. v. Savage
  570 So. 2d 306· Fla. 4th DCA· 1990-07-18 ·cited 30×
  Lou Bachrodt Chevrolet appeals a jury verdict awarding compensatory and punitive damages to John Savage for fraudulent inducement, breach of contract, and Consumer Protection Act violations in the sale of a used Porsche. The appellate court affirms the fraud and Consumer Protecti
• LaSALLE Nat'l Bank v. Serv. Merchandise Co.
  827 F.2d 74· 7th Cir.· 1987-08-12 ·cited 30×
  The court held that the lease agreement was unambiguous and permitted the landlord to reduce leasable space, thereby increasing the tenant's share of taxes and common area maintenance expenses.
• Mrs. Amy Hall v. Hvide Hull NO. 3 & Avondale Shipyards, Inc.
  746 F.2d 294· 5th Cir.· 1984-11-15 ·cited 30×
  A floating hull under construction, even if incomplete, qualifies as a 'vessel' for purposes of a tort action under section 5(b) of the Longshoremen's and Harbor Workers' Compensation Act, and such actions fall within federal admiralty jurisdiction.
• Quayside Assocs., Ltd. v. Harbour Club Villas Condo. Ass'n, Inc.
  419 So. 2d 678· Fla. 3d DCA· 1982-08-24 ·cited 30×
  Quayside appeals a summary judgment finding it liable to indemnify Harbour Club Villas under a settlement agreement's indemnification clause. The court reverses, holding that the agreement's language is ambiguous regarding whether it covers the Villas' attorney's demand for addit
• Kropp v. Ziebarth
  601 F.2d 1348· 8th Cir.· 1979-07-05 ·cited 30×
  The court held that the jury's award of damages was excessive due to improper inclusion of extended care costs and that the award of attorney's fees and costs to the buyers was improper as they were not the prevailing party.
• HOH v. Pepsico
  491 F.2d 556· 2d Cir.· 1974-02-08 ·cited 30×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the unions failed to show a likelihood of success on the merits and unduly delayed in invoking available arbitration remedies.
• The Franklin Co. v. The United States
  381 F.2d 416· Ct. Cl.· 1967-07-20 ·cited 30×
  The court held that the contract did not obligate the government to assign all work within enumerated equipment types to the plaintiff, but rather to make a good faith effort to assign work customarily performed at the plaintiff's depot, consistent with past practice and the dual
• Schine v. Schine
  367 F.2d 685· 2d Cir.· 1966-10-26 ·cited 30×
  The court held that the order denying a separate trial of a counterclaim is not immediately appealable under 28 U.S.C. § 1292(a)(1) because the underlying action would have been cognizable in equity.
• Sullivan v. United States
  363 F.2d 724· 8th Cir.· 1966-08-03 ·cited 30×
  The court held that the corporation's purchase of a shareholder's stock, which relieved the taxpayer of a personal obligation to buy it, constituted a taxable dividend to the taxpayer.
• Standard OIL Co. OF Cal. v. Perkins
  347 F.2d 379· 9th Cir.· 1965-06-14 ·cited 30×
• Indem. Ins. Co. of N. Am. v. DU Pont
  292 F.2d 569· 5th Cir.· 1961-07-19 ·cited 30×
  The court held that the war and insurrection exclusionary clauses in the original policy were not modified by subsequent endorsements regarding hull coverage, and therefore, the loss was excluded.
• Kermit H. Severson v. Fleck
  251 F.2d 920· 8th Cir.· 1958-02-06 ·cited 30×
  The court held that the intent of the parties in executing an ambiguous contract is a genuine issue of material fact that cannot be resolved on a motion for summary judgment.
• Greenwald v. Food Fair Stores Corp.
  100 So. 2d 200· Fla. 3d DCA· 1958-02-04 ·cited 30×
  Greenwald and Hammer claimed they were deceived into a store rental agreement, alleging misrepresentations about Food Fair Stores Corporation's ownership interest and intent to compete. The trial court granted summary judgment for defendants, which the appellate court affirmed be
• Zell v. Am. Seating Co.
  138 F.2d 641· 2d Cir.· 1943-11-04 ·cited 30×
  The court held that the parol evidence rule does not bar evidence of an oral agreement that was intended as a sham to deceive third parties, even if a written contract appears complete.
• Crown Corp. v. Robinson
  128 Fla. 249· Fla.· 1937-05-20 ·cited 30×
  Crown Corporation appeals a decree establishing the priority of liens on Florida ocean frontage property. The court affirmed that R.E. Robinson's lien, based on a promissory note with language limiting repayment to funds from 'Ocean Frontage in Palm Beach, Florida,' was superior
• Peterson v. Howell
  99 Fla. 179· Fla.· 1930-01-28 ·cited 30×
  A buyer who paid a seller's mortgage debt to prevent foreclosure of land contracted for may recover the overpayment under the common counts for money paid, even though the written contract was defective and did not reflect the parties' actual agreement. The court affirmed the dir
• Tingley Sys., Inc. v. Healthlink, Inc.
  509 F. Supp. 2d 1209· M.D. Fla.· 2007-05-08 ·cited 29×
  The court denied defendant's motion for summary judgment and granted plaintiff's motion in part, finding disputed issues of material fact regarding breach of contract and copyright infringement claims.
• Bd. of Trs. of the Internal Improvement Tr. Fund v. Lost Tree Vill. Corp.
  805 So. 2d 22· Fla. 4th DCA· 2001-10-10 ·cited 29×
  The Board of Trustees appealed a quiet title judgment favoring Lost Tree Village Corporation regarding the conveyance of state-owned lands in the Indian River. The court affirmed that the 1956 supplemental deed unambiguously conveyed 571.51 acres but reversed and remanded on whet
• Central States v. Jordan
  873 F.2d 149· 7th Cir.· 1989-04-18 ·cited 29×
  ERISA actions by fund trustees to collect delinquent employer contributions are considered actions to enforce written agreements for statute of limitations purposes, even if extrinsic evidence is needed to identify all parties.
• Eatmon v. Bristol Steel & Iron Works, Inc.
  769 F.2d 1503· 11th Cir.· 1985-09-03 ·cited 29×
  The court held that federal courts have subject matter jurisdiction to enforce conciliation agreements and releases under Title VII, and also under 28 U.S.C. § 1331 for claims based on Executive Order 11246. However, the court reversed the denial of front pay and the award of att
• Gregg v. U.S. Indus., Inc.
  715 F.2d 1522· 11th Cir.· 1983-09-30 ·cited 29×
  The court held that the jury instructions on damages were erroneous because they excluded the 'earnout stock' from the calculation of consideration given by USI, and that the statute of frauds and parol evidence rule did not bar Gregg's fraud claim.
• Butz Eng'g Corp. v. The United States
  499 F.2d 619· Ct. Cl.· 1974-06-19 ·cited 29×
  The Court of Claims lacks jurisdiction over suits against the United States Postal Service (USPS) because Congress vested exclusive jurisdiction in the United States district courts.
• Essex Universal Corp. v. Yates
  305 F.2d 572· 2d Cir.· 1962-06-28 ·cited 29×
  The court held that summary judgment was improper because the contract's legality is a question of fact not suitable for summary disposition. The action should be remanded for trial.
• Anne Frank v. Pioneer Metals, Inc.
  121 So. 2d 685· Fla. 3d DCA· 1960-06-30 ·cited 29×
  In this distress for rent action, a landlord sought to collect unpaid rent and accelerate remaining lease payments against a tenant. The trial court initially allowed distress proceedings but later transferred the case to equity court, where the chancellor found the lease should
• United States v. Am. Nat'l Bank OF Jacksonville & Title & Tr. Co. of Fla.
  255 F.2d 504· 5th Cir.· 1958-05-26 ·cited 29×
  A mortgage's dragnet clause, even with a jointly and severally liable provision, does not secure obligations of a partnership or an individual acting as endorser or guarantor, unless explicitly stated.
• Tharp v. Kitchell
  151 Fla. 226· Fla.· 1942-07-28 ·cited 29×
  C. A. Tharp sued on two promissory notes against Bruce Kitchell and the estate of William A. Weihe. The defendants pleaded that the notes were accommodation notes executed without consideration and never delivered, with specific conditional understandings between the parties. The
• Metro. Life Ins. Co. v. Poole
  147 Fla. 686· Fla.· 1941-07-01 ·cited 29×
  The court held that parol evidence is admissible to show that answers in an insurance application were written by the agent without the applicant's knowledge, and that conflicting evidence means the appellate court will not disturb the jury's verdict.
• Roe v. Kendrick
  146 Fla. 119· Fla.· 1941-02-11 ·cited 29×
  The Florida Supreme Court affirmed a decree quieting title to a 30-foot strip of land in a platted subdivision, holding that the strip was not dedicated to public use or as an easement for adjoining lot owners because the original owner's intent to dedicate was not clearly and un
• In re Etate of W. L. Blocks v. Tatro
  143 Fla. 163· Fla.· 1940-05-24 ·cited 29×
  The Florida Supreme Court upheld the probate of an unsigned will disposing of personal property, holding that the testator's intent must be determined from the will itself and that a slight presumption of incompleteness arising from an unexecuted attestation clause may be overcom
• Forrester v. Watts
  73 Fla. 514· Fla.· 1917-02-28 ·cited 29×
  In this equity partition case, the Florida Supreme Court reversed the lower court's decision that would have granted appellee Watts a one-third interest in disputed property. The Court held that insufficient evidence existed to establish a constructive trust over an absolute deed