Part Performance Doctrine

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

• Ashland OIL, Inc. v. Rod Pickard
  269 So. 2d 714· Fla. 3d DCA· 1972-11-28 ·cited 131×
  Two consolidated appeals concerning fraudulent inducement and breach of contract claims brought by Captain Rod Pickard and his companies against Ashland Oil, Cobia Boats, Modern Fiber Glass, and Harold Slama regarding an alleged scheme to deceive Pickard into providing his expert
• Condrey v. Condrey
  92 So. 2d 423· Fla.· 1957-01-30 ·cited 69×
  Chase L. Condrey, Jr. and his wife sought to partition property held as tenants in common with the parents, but the Florida Supreme Court affirmed denial of partition, holding that an oral agreement not to partition during the lives of co-tenants can be enforceable despite the St
• Maloy v. Boyett
  53 Fla. 956· Fla.· 1907-01-01 ·cited 68×
  In this equity case for specific performance of a parol contract for the sale of land, the Florida Supreme Court reversed the lower court's overruling of a demurrer, finding that the bill of complaint contained fatally vague and indefinite allegations regarding the consideration
• Cornwell Quality Tools Co. v. C. T. S. Co., Inc.
  446 F.2d 825· 9th Cir.· 1971-06-24 ·cited 67×
  The court held that the district court erred in directing verdicts on the contract and most antitrust claims, as sufficient evidence existed to present these issues to a jury, but affirmed the directed verdict on one antitrust claim and the taxation of costs.
• Taylor v. Mathews
  53 Fla. 776· Fla.· 1907-01-01 ·cited 39×
  In this case, the Florida Supreme Court addressed whether a married woman who holds only a contingent dower interest in real property can be compelled to join in a deed as part of specific performance of a land contract entered into by her husband. The Court reversed the lower co
• Rowland v. Ewell
  174 So. 2d 78· Fla. 2d DCA· 1965-04-07 ·cited 33×
  This appeal addresses whether an oral contract for employment and a bonus payable after five years is barred by the Statute of Frauds. The court holds that the agreement cannot be enforced because it is not in writing and cannot be performed within one year, and the plaintiff's p
• Crossman v. Fontainebleau Hotel Corp.
  273 F.2d 720· 5th Cir.· 1959-12-18 ·cited 33×
• Smith v. Royal Auto. Grp., Inc.
  675 So. 2d 144· Fla. 5th DCA· 1996-05-03 ·cited 31×
  Benjamin Smith appealed summary judgment orders dismissing his claims against Royal Automotive Group for breach of contract, misrepresentation, fraud, and rescission arising from Royal Group's alleged guaranty of monthly payments that ceased after a dealership sale. The appellate
• Collier v. Bolling Brooks
  632 So. 2d 149· Fla. 1st DCA· 1994-02-11 ·cited 31×
  Roger Collier appealed a summary judgment dismissing his breach of contract claim based on the statute of frauds. The court reversed, holding that a genuine factual dispute exists regarding whether an oral 1986 employment agreement requiring equity ownership was performable withi
• Pedrick v. Vidal
  95 Fla. 952· Fla.· 1928-05-19 ·cited 30×
  The Florida Supreme Court affirmed an order overruling a demurrer to an amended bill seeking specific performance of an oral lease agreement. The court held that an oral agreement for a lease can be specifically enforced when the lessee is put in possession, pays rent according t
• Khawly v. Evelyne Reboul and Jean Claude Reboul
  488 So. 2d 856· Fla. 3d DCA· 1986-05-06 ·cited 29×
  The Rebouls sued Khawly, Bodne, and Richard for breach of an oral contract to form a retail sportswear corporation in which the Rebouls would own a controlling interest. The court held that the oral agreement fell within Florida's statute of frauds because the parties intended th
• Lynkus Commc'ns, Inc. v. Webmd Corp.
  965 So. 2d 1161· Fla. 2d DCA· 2007-08-15 ·cited 25×
  LynkUs Communications sued WebMD, Medical Manager, and an officer for breach of an alleged oral agreement to provide wireless communications services, asserting claims for fraud, negligent misrepresentation, promissory estoppel, quantum meruit, and account stated. The trial court
• Clark & Lewis, Inc. v. Gardner
  91 Fla. 1059· Fla.· 1926-06-05 ·cited 24×
  Clark & Lewis, Inc. sought specific performance to enforce an oral agreement for a five-year lease of commercial property in Miami, which the owner subsequently repudiated by threatening eviction. The Florida Supreme Court reversed the trial court's dismissal, holding that an ora
• Dairyland Fin. Corp. v. Fed. Intermediate Credit Bank OF ST. Paul
  852 F.2d 242· 7th Cir.· 1988-07-14 ·cited 22×
  The court held that neither the written memoranda nor the alleged part performance satisfied the Wisconsin Statute of Frauds, making the oral contract for the sale of the loan portfolio unenforceable.
• Dwight v. Tobin
  947 F.2d 455· 11th Cir.· 1991-11-20 ·cited 21×
  Dwight sued Tobin and Ellman for breach of an oral partnership agreement and tortious interference with business relationships, obtaining jury verdicts totaling $5.35 million. The Eleventh Circuit reversed on the partnership breach claim, holding that Florida's statute of frauds
• Burton v. Keaton
  60 So. 2d 770· Fla.· 1952-10-17 ·cited 19×
  The Supreme Court of Florida addressed specific performance of an oral contract to devise real estate. The court held that while an oral promise to devise a home in exchange for care and companionship could be enforced, the promise did not extend to a second rental house on the s
• Donner v. Donner
  302 So. 2d 452· Fla. 3d DCA· 1974-09-24 ·cited 18×
  The Florida Court of Appeal upheld a trial court's grant of specific performance requiring Samuel Donner's estate to distribute one-third of its net estate each to his ex-wife Beatrice and adopted son Edward, pursuant to a 1959 separation agreement incorporated into an Alabama di
• Fontainbleau Hotel Corp. & Babs, Inc. v. Crossman
  323 F.2d 937· 5th Cir.· 1963-10-11 ·cited 17×
  The court held that the trial court erred in directing a verdict for the Hotel on damages for violations occurring before October 31, 1959, and that the injunction was too narrowly drawn. The court also affirmed the validity of the May 9 agreement and the corporate veil piercing.
• Food Fair Stores, Inc. v. Vanguard Invs. Co. Ltd.
  298 So. 2d 515· Fla. 3d DCA· 1974-06-11 ·cited 16×
  The court held that an oral agreement not to be performed within one year is barred by the statute of frauds, and the declaratory judgment statute is not for establishing purely factual issues.
• Hosp. Corp. OF Am. v. Assocs. in Adolescent Psychiatry
  605 So. 2d 556· Fla. 4th DCA· 1992-09-23 ·cited 15×
  Hospital Corporation of America appealed a judgment awarding Associates in Adolescent Psychiatry $3.25 million for breach of a fifteen-year oral agreement to operate a psychiatric facility. The Fourth District Court of Appeal reversed, holding that the oral contract violated Flor
• First Gulf Beach Bank & Tr. Co. v. Grubaugh
  330 So. 2d 205· Fla. 2d DCA· 1976-04-09 ·cited 14×
  First Gulf Beach Bank and Trust Company, as executor of Bertha Ellen Weller's estate, appealed a summary judgment enforcing a contract to make a will in favor of Leo Grubaugh. The court reversed, holding that Florida Statute § 731.051 requires contracts to make a will be in writi
• Lively v. Elkhorn Coal Co.
  206 F.2d 396· 6th Cir.· 1953-07-29 ·cited 14×
  The court held that an oral contract for the lease of mineral rights is a contract for the sale of an interest in land and is unenforceable under the Statute of Frauds, and that part performance does not remove it from the statute's purview.
• Whelan v. NEW Mexico W. OIL & GAS Co.
  226 F.2d 156· 10th Cir.· 1955-08-26 ·cited 12×
  The court held that a letter agreement for an interest in land was insufficient under the statute of frauds and that part performance did not remove it from the statute's purview.
• Dixon v. Clayton
  44 So. 2d 76· Fla.· 1949-11-18 ·cited 12×
  This case examines whether a married woman's contract to sell her separate property, signed only by her and not her husband, is enforceable when part of the purchase price has been paid and the buyer is in possession. The court held that such a contract is not enforceable under F
• S. Lemel, Inc. v. 27TH Ave. Farmers Mkt., Inc.
  126 So. 2d 167· Fla. 3d DCA· 1961-01-26 ·cited 10×
  A complaint stating an oral agreement for renewal of a written lease, coupled with the lessee's continued possession, acceptance of rent payment, and expenditures in improvement and reliance, sufficiently pleads a cause of action for specific performance despite a statute providi
• ALA v. Royce Chesser
  5 So. 3d 715· Fla. 1st DCA· 2009-02-17 ·cited 9×
  Appellant Larry Ala challenged a trial court's dismissal of his complaint against Royce Chesser based on the statute of frauds. The court held that an unjust enrichment claim based on an oral agreement for real property conveyance is not barred by the statute of frauds when the c
• Harrison v. Pritchett
  682 So. 2d 650· Fla. 1st DCA· 1996-11-05 ·cited 9×
  Harrison appealed a judgment on the pleadings dismissing both her breach of oral contract and quantum meruit claims against Pritchett for unpaid personal services. The court affirmed dismissal of the oral contract claim under the statute of frauds but reversed dismissal of the qu
• Poinciana Props., Ltd. v. Englander Triangle, Inc.
  437 So. 2d 214· Fla. 4th DCA· 1983-09-14 ·cited 8×
  This case addresses whether part performance of an unsigned commercial lease agreement removes it from the statute of frauds. The court affirmed the trial court's finding that the tenant's substantial reliance and performance—including relocating operations, purchasing non-cancel
• In re Augustin Bros. Co. v. Augustin Bros. Co.
  460 F.2d 376· 8th Cir.· 1972-05-17 ·cited 8×
  The court held that the Uniform Commercial Code Statute of Frauds limits enforcement of an oral contract for goods to the quantity of goods that advance payments would purchase, and equitable principles do not allow a seller to retain more of an advance payment to cover losses on
• Brewood v. Cook
  207 F.2d 439· D.C. Cir.· 1953-06-30 ·cited 6×
  The court held that an oral agreement for the sale of land, though not in writing, was enforceable in equity because it served as a collateral inducement for a written contract and the promisor was estopped from asserting the statute of frauds due to the promisee's material chang
• Swartz v. Russell
  481 So. 2d 64· Fla. 3d DCA· 1985-12-24 ·cited 5×
  The court held that the probate court erred in ordering the surrender of real property without an evidentiary hearing, as a factual dispute existed regarding an oral lease and part performance.
• Cinema N. Corp. v. Plaza AT Latham Assocs. & Hoyt's Cinema Corp.
  867 F.2d 135· 2d Cir.· 1989-02-01 ·cited 4×
  Under New York law, a partnership cannot avoid an agreement signed by its officer simply because the officer lacked written authorization, as the corporate officer exception to the statute of frauds applies to partnership officers acting within the scope of business.
• Anne Renfro v. Dodge
  520 So. 2d 690· Fla. 4th DCA· 1988-03-02 ·cited 4×
  Anne Renfro sued Marie Vandugteren's estate seeking damages, quantum meruit, specific performance, and declaratory relief based on an alleged oral contract whereby Renfro would provide nursing and care services in exchange for being named as a beneficiary in Vandugteren's will. T
• Learning Works, Inc. v. THE Learning Annex, Inc.
  830 F.2d 541· 4th Cir.· 1987-10-07 ·cited 4×
  The court held that the plaintiff failed to state claims for breach of contract and fraud because no enforceable contract was formed and the fraud claim lacked particularized allegations of reasonable reliance.
• The Saints IN Christ v. Fowler
  448 So. 2d 1158· Fla. 1st DCA· 1984-04-13 ·cited 4×
  In this foreclosure case, the appellate court affirmed the summary final judgment of foreclosure against appellants but reversed the award of attorney's fees and remanded for correction of the principal and interest amounts stated in the judgment.
• Goldman v. Citicorp Savings OF Florida
  552 So. 2d 1124· Fla. 3d DCA· 1989-10-10 ·cited 3×
  The court held that the Statute of Frauds barred enforcement of the oral modification to the land sale contract because the elements of part performance and estoppel were not met. The court also held that attorney's fees could not be awarded under a contract that never came into
• Kersey v. Kersey
  802 So. 2d 523· Fla. 1st DCA· 2001-12-31 ·cited 2×
  In this dissolution of marriage appeal, the court addressed whether an oral prenuptial agreement could bar the former wife's claim for alimony. The court held that such an oral agreement is unenforceable under Florida's Statute of Frauds and that marriage alone does not constitut
• Eugene R. Celano and wife v. Dlabal
  591 So. 2d 653· Fla. 1st DCA· 1991-12-16 ·cited 2×
  The Celanos sought declaratory judgment to confirm their ownership of a small roadway parcel, but the trial court granted the doctors' counterclaim for specific performance of an alleged oral agreement to convey the property. The appellate court reversed, holding that the doctors
• Roadway Express, Inc. v. Jossy
  853 F.2d 736· 9th Cir.· 1988-08-04 ·cited 2×
  The court held that Roadway's actions did not constitute sufficient part performance to remove the oral agreement for the sale of real property from the Statute of Frauds, as the acts did not involve a substantial change of position.
• Island Block Corp. v. Jefferson Constr. Overseas, Inc.
  349 F.2d 322· 3d Cir.· 1965-07-13 ·cited 2×
  The court held that part performance and payment validated a contract despite the statute of frauds, and affirmed the award of damages for the buyer's counterclaim, but remanded for further findings on July shipment payment dates and potential compromise of a disputed claim.
• Joseph E. Seagram & Sons, Inc. v. Shaffer
  310 F.2d 668· 10th Cir.· 1962-10-25 ·cited 2×
  The court held that the alleged oral agreement for a stock option was invalid and unenforceable under the Oklahoma Statute of Frauds because the writings relied upon were insufficient to establish a binding contract and there was no part performance.
• Brownell v. Suehiro
  206 F.2d 892· 9th Cir.· 1953-08-31 ·cited 2×
  The court held that neither the Sons' part performance nor the parents' letter constituted a sufficient memorandum to satisfy the statute of frauds for the oral gift of real property.
• Mowder v. Smith
  390 So. 3d 106· Fla. 3d DCA· 2024-02-07 ·cited 1×
  An oral agreement to convey real property is enforceable through specific performance when the doctrine of part performance applies, requiring proof of possession, payment of consideration, and valuable improvements made to the property. The doctrine of part performance removes a
• Cavallaro v. Stratford Homes, Inc.
  784 So. 2d 619· Fla. 5th DCA· 2001-05-25 ·cited 1×
  The court held that no enforceable contract existed because the parties did not reach a meeting of the minds on essential terms and any purported agreement was unenforceable under the Statute of Frauds.
• Inand for New Castle Cnty. Frederick Enters., Inc.
  Del. C.P.· 2015-03-12
  The Court held that the agreement was not subject to the Statute of Frauds because it could have been performed within one year and was also enforceable due to part performance by both parties. Consequently, the Court found a valid contract existed, that the defendant breached th
• Seeley v. Cochrane
  590 So. 2d 38· Fla. 2d DCA· 1991-12-04
  The appellate court affirmed a trial court's order granting a life estate to the appellee in a home owned by a trust. The trustee had promised the couple a joint life estate to induce them to move closer to the settlor, but later sought to evict the surviving appellee. The court
• William v. Weston
  927 F.2d 369· 8th Cir.· 1991-02-28
  The court held that the district court did not err in finding the promissory note was an investment, denying the fraud claim, applying the part performance doctrine to the statute of frauds, and calculating damages.
• Fuller v. Olive
  158 So. 2d 547· Fla. 3d DCA· 1963-12-10
  Florence Fuller appealed a decree of specific performance requiring her to sell real property to James Olive and others. The court affirmed, holding that the contract satisfied the Statute of Frauds either through written memorandum or part performance, and that Fuller failed to
• Loreta Cruz Flores v. Duenas
  318 F.2d 87· 9th Cir.· 1963-05-21
  The court held that the co-owners of the property are estopped from asserting their ownership against the plaintiffs due to their inaction while the plaintiffs made substantial improvements and payments based on an oral agreement with one co-owner.
• Miller v. Greene
  104 So. 2d 457· Fla.· 1958-07-16
  I. Miller sued Ethel Greenberg for monies owed; Greenberg counterclaimed for $25,000 in services rendered, alleging Greenberg promised to marry Miller and share hotel profits in exchange for his management services. The trial court dismissed the counterclaim, and Miller appeals,