Part Performance

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

• Rhode v. Gallat
  70 Fla. 536· Fla.· 1915-12-16 ·cited 76×
  Frank Gallat sought specific performance of an alleged contract to purchase land from the estate of John Polaski, claiming an oral agency relationship with executor Paul P. Rhode. The Florida Supreme Court reversed, holding that the written memorandum lacked a sufficiently defini
• Miller v. Murray
  68 So. 2d 594· Fla.· 1953-12-11 ·cited 67×
  Doris Miller appealed from a decree denying specific performance of an alleged oral contract to purchase her mother's real property in Dade County, Florida. The Florida Supreme Court affirmed the denial, holding that Miller failed to prove the oral contract and part performance b
• Battle v. Butler
  138 Fla. 392· Fla.· 1939-06-02 ·cited 44×
  Annie Grace Battle sought specific performance of an alleged oral contract with C.C. Butler whereby, in exchange for leaving her natural parents to live with the Butlers as their daughter, Butler promised to devise her a child's share of his estate. The Florida Supreme Court affi
• Elsberry v. Sexton
  61 Fla. 162· Fla.· 1911-01-01 ·cited 41×
  Sexton sued Elsberry for breach of an oral contract to purchase 500 standing pine trees for $1,000, alleging Elsberry cut only 150 trees (the best ones) and paid only $300. The Florida Supreme Court reversed the judgment, holding that the oral contract for the sale of standing ti
• Cottages v. Wegman
  57 So.2d 439· Fla.· 1951-10-05 ·cited 40×
  The Florida Supreme Court affirmed a lower court's decree enforcing an oral agreement for a father to grant his daughter a one-half interest in property. The court found that the daughter's relocation from New York to Miami Beach, her assumption of the property's management, and
• 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
• First Realty Inv. Corp. v. Gallaher
  345 So. 2d 1088· Fla. 3d DCA· 1977-05-03 ·cited 31×
  An oral employment agreement for a bonus, which was not expected to be performed within one year due to profit projections, is barred by the statute of frauds.
• Geo. B. Mills et ux. v. Joiner
  20 Fla. 479· Fla.· 1884-01-01 ·cited 31×
  Henrietta Mills and her husband sued her father, Lawrence Joiner, for $1,500 in compensation for twelve years of household and farm services performed under an alleged oral contract. The Florida Supreme Court reversed a jury verdict for the defendant, holding that an implied cont
• Ocean Commc'ns, Inc. v. Bubeck
  956 So. 2d 1222· Fla. 4th DCA· 2007-05-23 ·cited 30×
  Ocean Communications and Olympusat appealed a judgment denying restitution for breach of contract, arguing they were entitled to recover payments made to defendants despite an express contract existing. The court held that restitution is available as a remedy for breach of an exp
• Neveils v. Thagard
  145 So. 2d 495· Fla. 1st DCA· 1962-10-04 ·cited 28×
  A buyer sought damages for breach of an oral contract to purchase real property, but the Florida appellate court reversed the trial court's judgment because the contract violated the Statute of Frauds and was wholly unenforceable. The court held that the plaintiff could not recov
• Durasteel Co. v. Great Lakes Steel Corp.
  205 F.2d 438· 8th Cir.· 1953-06-29 ·cited 26×
  The court held that the plaintiff's actions, including accepting shipments under new contracts and later agreeing to cancel all existing orders without reservation, constituted a waiver of any claims for breach of the original contracts.
• Tate's Administrator v. Jones' Executor
  16 Fla. 216· Fla.· 1828-11-15 ·cited 24×
  This case addresses whether a verbal contract for the sale of land can be enforced in equity despite the Statute of Frauds, when the purchaser has paid the full price, taken possession, and made substantial improvements. The Florida Supreme Court held that such enforcement is per
• Anchorage-Hynning & Co. v. Moringiello
  697 F.2d 356· D.C. Cir.· 1983-01-04 ·cited 21×
  The majority's novel holding that a 'technical admission' can satisfy the Statute of Frauds' written memorandum requirement is incorrect.
• Pelletier v. Stuart-James Co., Inc.
  863 F.2d 1550· 11th Cir.· 1989-01-23 ·cited 20×
  The court held that a plaintiff must prove actual damages to succeed on a Rule 10b-5 claim and that an unenforceable contract cannot form the basis for fraud claims.
• Hagan v. Fabiano Laragione
  170 So. 2d 69· Fla. 2d DCA· 1964-12-18 ·cited 19×
  The court affirmed the striking of defenses in an action for specific performance of an oral agreement to make mutual wills, finding that the statute of wills and statutes requiring real property conveyances to be in writing were applicable.
• Standard OIL Co. OF Tex. v. Lopeno GAS Co.
  240 F.2d 504· 5th Cir.· 1957-01-16 ·cited 18×
  A contract for the sale of gas, even if lacking initial mutuality, can be enforced if there has been part performance, and the contract language is clear and unambiguous regarding its scope, even if subsequent events make the bargain appear harsh.
• Kermitt Lee Waters and Jan L. Waters v. Weyerhaeuser Mortg. Co.
  582 F.2d 503· 9th Cir.· 1978-09-21 ·cited 17×
  Disclosure of information required by the Consumer Credit Protection Act is timely if made at any point until the parties enter into a contractual relationship, and disclosure at the time of closing satisfies this requirement.
• Jarrett v. Harrison Epperly & Epperly Inc.
  896 F.2d 1013· 6th Cir.· 1990-02-23 ·cited 15×
  The denial of a motion for summary judgment is not reviewable on appeal after a full trial on the merits, and the Statute of Frauds does not bar claims for fraud or oral employment contracts where part performance and equitable estoppel apply.
• Gen. Motors Acceptance Corp. v. Lynch Bldg. Corp.
  118 Fla. 2· Fla.· 1935-01-24 ·cited 15×
  This case concerns whether a lower court's decision to overrule a motion to dismiss a bill of complaint for specific performance of an oral lease was correct. The appellate court affirmed, finding the bill contained sufficient equity to proceed.
• Jones v. McCallum
  21 Fla. 392· Fla.· 1885-01-01 ·cited 15×
  The court considered whether a contract promising payment to a deceased individual's wife was enforceable when the individual performed no services before his death. The court held that the contract was void for lack of consideration because no services were rendered, and thus no
• Stoetzel v. Cont'l Textile Corp. OF Am.
  768 F.2d 217· 8th Cir.· 1985-07-15 ·cited 14×
  The court held that sufficient evidence supported the jury's finding of a two-year employment contract, and affirmed the trial court's decision to remove the contract from the Statute of Frauds. The court also found the jury instructions adequate and affirmed the dismissal of pun
• Farrow v. Cahill
  663 F.2d 201· D.C. Cir.· 1980-12-12 ·cited 12×
  A memorandum satisfying the Statute of Frauds can be signed by an authorized party before the contract is finalized, even if that party did not have the authority to assent to the contract at the time of signing.
• Roebling v. Anderson
  257 F.2d 615· D.C. Cir.· 1958-05-15 ·cited 12×
  The court held that the trial court improvidently limited discovery to only the express contract theory, affecting substantial rights, and that certain defenses raised by the RFC were fact-dependent and should be determined after further discovery.
• Erling W. Rockney v. Blohorn
  877 F.2d 637· 8th Cir.· 1989-06-06 ·cited 10×
  The court held that there is a material factual dispute over Gerard Blohorn's control of Pako, requiring reversal of summary judgment.
• 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
• Sauget v. Villagomez
  228 F.2d 374· 9th Cir.· 1955-12-19 ·cited 10×
  The court held that the appellant, who failed to register his deed, was not protected by the Guam registry statutes against a prior unregistered equitable interest in the land.
• Schanck v. Jones
  229 F.2d 31· D.C. Cir.· 1956-01-05 ·cited 8×
  The court held that contradictory affidavits created a genuine issue of material fact, precluding summary judgment.
• Schick Serv., Inc. v. Jones
  173 F.2d 969· 9th Cir.· 1949-03-18 ·cited 8×
  The court held that the patent claims at issue did not constitute invention within patent law requirements and that the oral contract was barred by the statute of frauds.
• Danciger OIL & Ref. Co. v. Burroughs
  75 F.2d 855· 10th Cir.· 1935-02-19 ·cited 8×
  The dissenting judge argues that the plaintiff's claim for an overriding royalty interest in a lease, based on an oral agreement, is unenforceable under the Statute of Frauds. The judge contends that the evidence presented was insufficient to meet the high burden of proof require
• Am. Town Ctr. v. Hall 83 Assocs.
  912 F.2d 104· 6th Cir.· 1990-08-17 ·cited 7×
  The court held that an unsigned letter of intent for real property sale is void under the statute of frauds, but reversed the dismissal of a fraud claim for insufficient pleading. It also affirmed the denial of an injunction against state court proceedings.
• Hendricks v. Smartvideo Techs., Inc.
  511 F. Supp. 2d 1219· M.D. Fla.· 2007-01-26 ·cited 6×
  The court denied sanctions, granted summary judgment for Smartvideo on Hendricks' fraudulent inducement claim, and denied summary judgment for both parties on other claims, finding genuine issues of material fact for trial.
• Foster A. MacEDWARD v. N. Elec. Co., Ltd.
  595 F.2d 105· 2d Cir.· 1979-03-19 ·cited 6×
  The court held that the jury instructions were fundamentally flawed, failing to adequately address the Statute of Frauds and promissory estoppel, thus requiring a new trial.
• Larsen v. Einar C. Erickson
  549 F.2d 1136· 8th Cir.· 1977-02-01 ·cited 6×
  Summary judgment was improperly granted because genuine issues of material fact existed regarding the formation of an oral agreement and its effect under Minnesota law.
• Shearon v. Boise Cascade Corp.
  478 F.2d 1111· 8th Cir.· 1973-05-18 ·cited 6×
  The court held that an oral exclusive distributorship agreement, even if performance could extend beyond one year, is not barred by the statute of frauds if performance within one year is possible. The court also found sufficient consideration and evidence of damages, but remande
• Shuell v. London Amusement Co.
  123 F.2d 302· 6th Cir.· 1941-11-06 ·cited 6×
  A wife's conduct can ratify her husband's agency and lease renewal, even without written authorization, especially when the other party relies on this apparent authority and partially performs.
• Bd. of Pub. Instruction of Palm Beach Cnty. v. Jackson B. McDonald
  143 Fla. 377· Fla.· 1940-06-18 ·cited 6×
  The Florida Supreme Court upholds a decree requiring specific performance of an oral contract to exchange real property between a private landowner and a school board. The court finds that sufficient part performance—including the janitor's possession and farming of the land, and
• Palm Beach Ests. v. Bula E. Croker
  111 Fla. 671· Fla.· 1933-08-02 ·cited 6×
  In this real property dispute, the Florida Supreme Court affirmed a modified final decree requiring Palm Beach Estates and J.B. McDonald to specifically perform a land purchase contract against the widow of Richard Croker, while clarifying that deposited funds remain the defendan
• Broward Cnty. v. Conner
  660 So. 2d 288· Fla. 4th DCA· 1995-07-19 ·cited 5×
  The Fourth District Court of Appeal of Florida reversed a lower court's order for specific performance of a real estate agreement between Broward County and appellees. The appellate court found the agreement unenforceable due to violations of the Statute of Frauds and the Governm
• Fisher v. First Stamford Bank & Tr. Co.
  751 F.2d 519· 2d Cir.· 1984-12-20 ·cited 5×
  The court held that a stock option contract was enforceable despite the principal officer's initial lack of authority, as the board's ratification could be inferred and the plaintiff's full performance removed the agreement from the Statute of Frauds.
• Homart Dev. Co. v. W.T. Sigman
  868 F.2d 1556· 11th Cir.· 1989-04-05 ·cited 4×
  The court held that the conditional option contract's terms were too indefinite to support claims for specific performance or damages, and that the defendant did not waive these deficiencies.
• 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.
• Moore v. Staalac, Inc.
  166 So. 2d 814· Fla. 3d DCA· 1964-07-07 ·cited 4×
  An oral agreement within the statute of frauds may be rescinded if there has been part performance of the agreement.
• Stahlman v. Nat'l Lead Co.
  318 F.2d 388· 5th Cir.· 1963-05-17 ·cited 4×
  The court held that the alleged oral agreements did not grant the Lumber Company an exclusive right to sell Baroid's products, and these oral agreements were unenforceable under the Mississippi Statute of Frauds because they were not in writing and intended to be permanent.
• Rosenkoff v. Finkelstein
  195 F.2d 203· D.C. Cir.· 1952-03-06 ·cited 4×
  The court held that an oral option to buy land is unenforceable under the statute of frauds, and a party cannot recover for unjust enrichment or interference with contract rights based on such an invalid agreement.
• MacGOWAN v. Barber
  127 F.2d 458· 2d Cir.· 1942-04-14 ·cited 4×
  The court held that the evidence presented was insufficient to prove a binding contract for the decedent to leave his property to the plaintiff, and that the plaintiff's consent to adoption did not constitute valid consideration for such a promise.
• Lara v. Greeley and Blaisdell
  20 Fla. 926· Fla.· 1884-06-01 ·cited 4×
  Lara, Ross & Co. appealed a judgment awarding Greeley and Blaisdell payment for work performed under a government jetty construction contract. The Florida Supreme Court reversed, holding that Greeley and Blaisdell, as sub-contractors, had no privity with the United States and cou
• 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
• W. Chance #2, Inc. v. KFC Corp.
  957 F.2d 1538· 9th Cir.· 1992-02-28 ·cited 2×
  The court held that disputed issues of material fact regarding the terms and enforceability of an alleged oral exclusive franchise agreement preclude summary judgment, and that a general release did not extinguish claims under that agreement as a matter of law.
• JIM Bouton Corp. v. WM. Wrigley JR. Co.
  902 F.2d 1074· 2d Cir.· 1990-05-03 ·cited 2×
  The court held that the parties did not intend to be bound by an oral agreement and subsequent correspondence, as they contemplated a formal written agreement, and thus the original contract was not modified.
• 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.