Parol Evidence Rule

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

• Trident Ctr. v. Conn. Gen. Life Ins. Co.
  847 F.2d 564· 9th Cir.· 1988-05-24 ·cited 25×
  Under California law, even facially unambiguous contracts are subject to interpretation through extrinsic evidence, requiring a court to allow parties to present such evidence.
• Sadruddin Hashwani v. Barbar
  822 F.2d 1038· 11th Cir.· 1987-07-29 ·cited 25×
  The court held that the district court did not err in granting summary judgment, denying a continuance, or denying a motion to alter the judgment, as the settlement agreement was unambiguous and the defendant breached its terms.
• King Partitions & Drywall, Inc. v. Donner Enters., Inc.
  464 So. 2d 715· Fla. 4th DCA· 1985-03-13 ·cited 25×
  King Partitions sued Donner Enterprises for payment for extra drywall work performed at Donner's request. The trial court dismissed King's complaint, relying on the parol evidence rule, but the appellate court reversed, holding that evidence of a subsequent oral modification to t
• Am. Viking Contractors, Inc. v. Scribner Equip. Co., Inc.
  745 F.2d 1365· 11th Cir.· 1984-11-05 ·cited 25×
  The court held that summary judgment was proper because the alleged restructuring agreement was too indefinite to be enforceable, and the personal guaranty was for an antecedent debt, thus precluding defenses of failure of consideration, accord and satisfaction, estoppel, and fra
• Lemon v. Aspen Emerald Lakes Assocs., Ltd.
  446 So. 2d 177· Fla. 5th DCA· 1984-02-02 ·cited 25×
  A class action by mobile home park tenants challenges the new owner's rent increases and unilateral changes to park rules regarding water, sewer, and garbage services. The appellate court holds that rent increases must be based on variable costs of park operations (not purchase-r
• Roberts v. Browning
  610 F.2d 528· 8th Cir.· 1979-12-06 ·cited 25×
• Percival Constr. Co. v. Miller & Miller Auctioneers, Inc.
  532 F.2d 166· 10th Cir.· 1976-03-26 ·cited 25×
  The court held that a lease agreement with an option to purchase for nominal consideration constitutes a security interest under the UCC, and that proceeds from an auction sale are not 'accounts receivable' for a secured creditor when an agency relationship exists. The court also
• Neal-Cooper Grain Co. v. Tex. Gulf Sulphur Co.
  508 F.2d 283· 7th Cir.· 1974-12-17 ·cited 25×
  The court held that a contract was formed despite the seller's internal procedures and that the buyer's shipping instructions did not constitute anticipatory repudiation.
• Manloading & Mgmt. Assocs., Inc. v. The United States
  461 F.2d 1299· Ct. Cl.· 1972-06-16 ·cited 25×
  The dissenting judge believes the contract's written terms should govern, and a statement at a pre-bid conference cannot override the unambiguous contract language regarding renewal.
• The Hous. Auth. OF the City OF Fort Pierce v. Foster
  237 So. 2d 569· Fla. 4th DCA· 1970-05-27 ·cited 25×
  The Housing Authority of Fort Pierce awarded a contract to construct two housing projects to a joint venture of builders after competitive bidding, then refused to execute a formal written contract for one project, claiming no binding contract existed absent written documentation
• Producers Fertilizer Co. v. Holder
  208 So. 2d 492· Fla. 2d DCA· 1968-03-27 ·cited 25×
  Producers Fertilizer Company appeals a summary judgment dismissing its suit against the Holders for payment for fertilizer allegedly sold and delivered. The appellate court reversed, holding that the Holders' affidavit testimony creating a genuine issue as to whether the Holders
• H. B. Zachry Co. v. O'Brien
  378 F.2d 423· 10th Cir.· 1967-05-12 ·cited 25×
  The court held that the memorandum, along with the addendum and surrounding circumstances, constituted a binding contract, and the superintendent had apparent authority to bind the company.
• Hensley Ins. Co. v. Echols
  159 Fla. 324· Fla.· 1947-07-22 ·cited 25×
  The plaintiff insurance company sued for a commission on a land sale that failed because the seller's wife refused to sign, and the court found for the defendant seller based on a plea that the contract was conditionally delivered.
• Mrs. John Sahlberg v. J. A. Teague Furniture Co., Inc.
  100 Fla. 972· Fla.· 1930-10-21 ·cited 25×
  In a real estate option contract dispute, the Florida Supreme Court held that a corporation and an individual cannot jointly sue on a contract unless both are clearly shown as contracting parties with joint interest, and reversed the trial court's grant of a new trial where the c
• Harbor v. Blair Burwell
  56 Fla. 217· Fla.· 1908-06-01 ·cited 25×
  A written contract requiring written authorization from a chief engineer for extra work may be waived by the parties through subsequent oral agreement and course of dealing, provided there is sufficient consideration and evidence of waiver. However, when extra work is claimed, th
• Duval Motors Co. v. Rogers
  73 So. 3d 261· Fla. 1st DCA· 2011-06-21 ·cited 24×
  Duval Motors sought to compel arbitration of consumer claims based on an arbitration agreement in a Retail Buyer's Order (RBO) signed contemporaneously with a Retail Installment Sales Contract (RISC). The court affirmed denial of the motion to compel arbitration, holding that the
• RX Solutions, Inc. v. Express Pharmacy Servs., Inc.
  746 So. 2d 475· Fla. 2d DCA· 1999-03-19 ·cited 24×
  Former employees Campbell and German appealed a temporary injunction issued against them for alleged violations of non-solicitation and non-disclosure agreements with their former employer EPS. The court reversed, holding that the trial court improperly used parol evidence to exp
• Bird Lakes Dev. Corp. v. Homero Meruelo
  626 So. 2d 234· Fla. 3d DCA· 1993-06-22 ·cited 24×
  Bird Lakes Development Corp. appealed from a jury verdict finding it liable for fraud, breach of oral agreement, and breach of warranty in the sale of undeveloped real estate. The court affirmed, holding that an oral promise to provide sewers to the property site is enforceable d
• Armistead v. Vernitron Corp.
  944 F.2d 1287· 6th Cir.· 1991-09-24 ·cited 24×
  The court held that Vernitron wrongfully failed to provide retiree health and life insurance benefits, violating the collective bargaining agreement and retirement benefit plan.
• United States v. Herrera
  928 F.2d 769· 6th Cir.· 1991-03-25 ·cited 24×
  The court held that the district court did not err in its application of the plea agreement, sentencing guidelines, or in its factual findings regarding informant reliability and the defendant's role in the offense.
• Sec. & Exch. Comm'n v. Levine
  881 F.2d 1165· 2d Cir.· 1989-08-02 ·cited 24×
  The court held that the IRS is entitled to priority for tax liabilities assessed against Levine for which a lien attached to his property before June 19, 1986, but not for later assessments or for assessments against Wilkis. The court also held that the disgorged assets were not
• United States v. Delegal
  678 F.2d 47· 7th Cir.· 1982-05-14 ·cited 24×
  The court held that the district court abused its discretion in withdrawing a guilty plea based on a perceived ambiguity that was clarified by subsequent dialogue and the record.
• First Guar. Corp. v. Palmer Bank & Tr. Co. OF Fort Myers, N.A.
  405 So. 2d 186· Fla. 2d DCA· 1981-09-02 ·cited 24×
  The court held that unsigned documents, even when aggregated with signed ones, cannot satisfy the statute of frauds if they do not sufficiently refer to each other or contain essential terms, thus precluding liability for a deficiency judgment.
• ST. Louis Union Tr. Co. v. United States
  617 F.2d 1293· 8th Cir.· 1980-03-11 ·cited 24×
  The court held that the Escrow Agreement was unambiguous, precluding parol evidence, and that Stone possessed sufficient 'property or rights to property' in the escrowed income to be subject to IRS tax levies.
• Constance v. Constance
  366 So. 2d 804· Fla. 3d DCA· 1979-01-09 ·cited 24×
  Helen Constance appeals from a judgment declaring that funds she withdrew from three jointly-owned bank accounts belonged to her father Samuel Constance, not to her as joint owner. The court affirmed, holding that despite the signature cards establishing joint ownership on their
• Mueller v. Hubbard Milling Co.
  573 F.2d 1029· 8th Cir.· 1978-04-10 ·cited 24×
  The admission of parol evidence to prove breach of contract claims was erroneous and prejudicial, requiring reversal of judgments based on general verdicts.
• Anthony v. Cmty. Loan & Inv. Corp.
  559 F.2d 1363· 5th Cir.· 1977-10-03 ·cited 24×
  A reference to a security interest in personal property and to rights and remedies under the Uniform Commercial Code is sufficient to apprise a borrower of the type of security interest created. General descriptions of collateral, such as household goods, are also sufficient unde
• Hanson v. Hunt OIL Co.
  398 F.2d 578· 8th Cir.· 1968-08-07 ·cited 24×
  The court held that the trial court abused its discretion by denying the plaintiff leave to amend his complaint to clarify a claim for reformation based on mutual mistake and by refusing to admit parol evidence to support that claim.
• Commc'ns Workers OF Am. v. Pac. Nw. Bell Tel. Co.
  337 F.2d 455· 9th Cir.· 1964-09-28 ·cited 24×
  The court held that the determination of whether a collective bargaining agreement requires arbitration of a dispute, especially when relying on bargaining history, is a judicial function and not for the arbitrator.
• Calhoun v. Bernard
  333 F.2d 739· 9th Cir.· 1964-05-28 ·cited 24×
  The court held that the trial court's findings were insufficient to support a judgment reforming the contract, as they did not address whether the contractor knew of or was misled by the alleged typographical error.
• Baggett Transp. Co. v. The United States
  319 F.2d 864· Ct. Cl.· 1963-07-12 ·cited 24×
  The court held that the plaintiff is entitled to recover charges for dunnage under Quotations Nos. 52 and 85, but not under Nos. 69 and 109, and that the claim for additional freight due to underbilling is barred by the statute of limitations.
• Martin v. Wilson
  115 So. 2d 573· Fla. 1st DCA· 1959-11-05 ·cited 24×
  Martin, an attorney, sought to establish a resulting trust in property he purchased in 1939 with a client after successfully defending a lawsuit. The property was titled in the name of Elizabeth McDonald as a matter of convenience, though Martin claimed he paid for his portion vi
• Connelly v. Alleen Smith
  97 So. 2d 865· Fla. 3d DCA· 1957-11-07 ·cited 24×
  The executor of Sam Raymond's estate appealed from a decree quieting title to real property in the grantee, Alleen Smith. The court reversed, holding that the deed's description of one of two parcels was fatally ambiguous due to the omission of section, township, and range design
• Commercial Standard Ins. Co. v. Md. Cas. Co.
  248 F.2d 412· 8th Cir.· 1957-10-10 ·cited 24×
  The court held that the trial court did not err in reforming the insurance policy based on mutual mistake, and that Rule 52(a) applies to non-jury cases.
• Baker v. Nason
  236 F.2d 483· 5th Cir.· 1956-08-27 ·cited 24×
  The court held that the trial court erred in granting a directed verdict based on mutual fraud, as the evidence did not support such a finding, and the case presented factual issues requiring submission to a jury.
• United States v. Lennox Metal Mfg. Co., Inc.
  225 F.2d 302· 2d Cir.· 1955-08-01 ·cited 24×
  The court held that the government wrongfully terminated the contract because it was itself in material breach of its payment obligations, and the defendant was not in default.
• Weber v. McKEE
  215 F.2d 447· 5th Cir.· 1954-08-25 ·cited 24×
  The court held that the evidence supported the trial court's finding of no fraud and that the trial court's findings of fact were sufficient to support the judgment.
• FOX v. Johnson & Wimsatt, Inc.
  127 F.2d 729· D.C. Cir.· 1942-02-09 ·cited 24×
  The court held that the November 8, 1930 resolution did not create a binding contract to redeem preferred stock from the proceeds of a sale made eight years later, as it was conditioned on proceeds from condemnation or a sale in lieu thereof within a reasonable time.
• Cockrell v. Taylor
  122 Fla. 798· Fla.· 1936-02-19 ·cited 24×
  Cockrell sued Taylor and others on promissory notes for a real estate commission. The defendants successfully defended on the theory that the notes were delivered conditionally—only to become enforceable if a third party made deferred payments on the underlying land purchase. The
• McCranie v. Cason
  79 Fla. 857· Fla.· 1920-06-03 ·cited 24×
  Cason sued Summerlin & McCranie on two promissory notes. The defendants pleaded failure of consideration for the $2,000 note, asserting it was given solely to secure Cason's promise to discharge a mortgage on Georgia property by December 1, 1912, which Cason failed to do. The Flo
• Marriott Int'l, Inc. v. Am. Bridge Bahamas, Ltd.
  193 So. 3d 902· Fla. 3d DCA· 2015-12-16 ·cited 23×
  Marriott International appeals a jury verdict holding it liable for a Bahamian judgment against its subsidiary RCRI, for fraudulent inducement, and for conspiracy to commit fraudulent misrepresentation. The Florida appellate court reversed all judgments, finding that American Bri
• Castillo v. State Farm Fla. Ins. Co. & State Farm Fire & Cas. Co.
  971 So. 2d 820· Fla. 3d DCA· 2007-10-17 ·cited 23×
  The Castillos appealed a summary judgment in favor of State Farm that denied their homeowners' insurance claim for blasting-related damage. The court reversed, holding that the policy language was ambiguous regarding whether damages caused by shockwaves and vibrations without ear
• Sardon Found. v. NEW Horizons Serv. Dogs, Inc.
  852 So. 2d 416· Fla. 5th DCA· 2003-08-22 ·cited 23×
  The Sardon Foundation appealed a judgment denying its mortgage foreclosure claim against New Horizons Service Dogs, Inc., which awarded attorney's fees to New Horizons. The appellate court reversed, holding that a separate agreement executed contemporaneously with the mortgage an
• Future Tech Int'l, Inc. v. Tae Il Media, Ltd.
  944 F. Supp. 1538· S.D. Fla.· 1996-07-18 ·cited 23×
  The court held that the defendant failed to demonstrate a probable right to possession of the disputed equipment, thus denying the motion for a prejudgment writ of replevin.
• Fla. Pottery Stores OF Panama City, Inc. v. Am. Nat'l Bank
  578 So. 2d 801· Fla. 1st DCA· 1991-04-23 ·cited 23×
  Florida Pottery Stores and its guarantors appealed a summary judgment dismissing their counterclaim against American National Bank for breach of an alleged oral agreement to secure loan participation, and challenged an award of post-judgment attorney's fees. The court reversed, f
• Boston Edison Co. v. Fed. Energy Regulatory Comm'n
  856 F.2d 361· 1st Cir.· 1988-09-06 ·cited 23×
  The court held that the contract language unambiguously foreclosed recovery of plant addition interest costs (PAI) and that FERC correctly excluded extrinsic evidence. The court also affirmed FERC's authority to order refunds for improperly billed PAI charges, notwithstanding a c
• Land v. Roper Corp.
  531 F.2d 445· 10th Cir.· 1976-01-19 ·cited 23×
  The court held that reliance is a necessary element for breach of express warranty under Kansas law, and that the trial court did not err in submitting factual issues to the jury or in its jury instructions.
• Lynnette D. Koppinger v. Cullen-Schiltz & Assocs.
  513 F.2d 901· 8th Cir.· 1975-03-31 ·cited 23×
  The court held that the trial court did not err in its rulings regarding inconsistent verdicts, res ipsa loquitur, evidentiary matters, jury instructions, exemplary damages, indemnity, or costs, and that the parties received a fair trial.
• Calder v. Hillsboro Land Co.
  122 So. 2d 445· Fla. 2d DCA· 1960-08-05 ·cited 23×
  In this boundary dispute involving government survey lands near Pompano Beach, Florida, the court determined that Lake Placid is the actual water boundary between Government Lots 3 and 4 as established by the original 1870 federal survey, despite the meander line plotted from the
• Sullivan v. Lear
  23 Fla. 463· Fla.· 1887-06-01 ·cited 23×
  In this case involving the sale of a wharf charter (franchise), the Florida Supreme Court addressed how to value property that lacks a market value and affirmed the admission of expert testimony regarding the franchise's value. The court held that when an article has no market va