Part Performance

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

• Cohen v. Gensbro Hotel Co.
  259 F.2d 78· 9th Cir.· 1958-09-15 ·cited 2×
  The court held that the trial court's dismissal of the complaint was arbitrary and clearly erroneous, and that the plaintiff should have been granted leave to amend.
• White v. S. Kraft Corp.
  132 F.2d 381· 8th Cir.· 1942-12-26 ·cited 2×
  A written offer to sell a business, which references an existing oral contract for wood deliveries for a five-year term, does not satisfy the statute of frauds because the writing does not contain the essential terms of the oral agreement.
• Kloeppel Hotels, Inc. v. May-Jax, Inc.
  298 So. 2d 445· Fla. 1st DCA· 1974-06-27 ·cited 1×
  The court held that a defaulting vendee in an executory contract may not recover monies paid in part performance, absent recognized exceptions.
• Mars v. Spanos
  D.D.C.· 1943-12-06 ·cited 1×
  A lease covenant against assignment benefits only the lessor and can be waived; oral transfers of lease interests are enforceable when part performance exists.
• Gratchev v. Gratchev
  S.D. Fla.· 2022-07-14
  The court held that genuine disputes of material fact precluded summary judgment on several claims, including those related to the Statute of Frauds and breach of oral contract, but granted summary judgment on claims concerning ownership of Boston Stars Hockey, LLC and derivative
• CSH Theatres, L.L.C. v. Nederlander OF SAN Francisco Assocs.
  Del. Ch.· 2018-07-31
  The court held that there was no enforceable promise to lease the Curran Theatre to the company, as the parties' recollections of the conversation were irreconcilable and lacked clear evidence of mutual assent on essential terms. However, the court found that the owners of the Cu
• Brown v. Wiltbank
  Del. Ch.· 2011-10-13
  The Court of Chancery affirmed the Master's finding that the defendant did not prove the existence of an oral contract for a life estate in the property. The court held that the defendant failed to meet the clear and convincing evidence standard required for contracts to make a w
• Cent. Fla. Tile Co., Inc. v. Sperry Rand Corp.
  305 So. 2d 238· Fla. 1st DCA· 1974-12-19
  Central Florida Tile Company appealed the dismissal of its complaint alleging breach of an oral lease agreement with Sperry Rand Corporation. The lower court dismissed based on the statute of frauds, but the appellate court reversed, finding the complaint stated a cause of action
• Ortega v. Kimbell Foods, Inc.
  462 F.2d 421· 10th Cir.· 1972-06-29
  The court held that the trial court's award of $325.00 per month was supported by the evidence and that the statute of frauds did not bar enforcement of the oral contract due to part performance.
• Oxley v. Ralston Purina Co.
  349 F.2d 328· 6th Cir.· 1965-07-30
  The court held that equitable estoppel can be applied to prevent a defendant from relying on the statute of frauds defense for an oral contract not performable within one year, even without proof of fraud in the usual sense, if the defendant's conduct induced the plaintiff to act
• Carson v. Gaylort Tanner and Clara M. Tanner
  101 So. 2d 811· Fla.· 1958-03-19
  An oral agreement for ingress and egress is enforceable if partially performed, even if it involves real property.
• Nat'l Airlines, Inc. v. Fla. Equip. Co. of Miami
  71 So. 2d 741· Fla.· 1954-03-12
  National Airlines sued Florida Equipment Company for breach of contract to sell and install new diesel engines in a yacht, with a trade-in credit for old engines. The trial court granted summary judgment for the defendant, but the Florida Supreme Court reversed, holding that mate
• Cent. States Coops., Inc. v. Watson Bros. Transp. Co., Inc.
  180 F.2d 689· 7th Cir.· 1950-02-10
  The court held that a pending appeal and supersedeas bond create a substantial controversy, preventing dismissal for mootness, and that the substantive rights of the parties are governed by state law.
• Garrett v. Gerard
  156 F.2d 227· 10th Cir.· 1946-06-21
  An oral contract for the sale of real estate is invalid under the statute of frauds, and expenditures for abstracting and title opinions do not constitute part performance to take it out of the statute.
• Stephens Lumber Co. v. Cates
  62 Fla. 385· Fla.· 1911-06-01
  Stephens Lumber Company sued William M. Cates for payment for lumber delivered under an alleged contract of sale. The Florida Supreme Court, on rehearing, held that where a seller has partially performed a contract and the buyer has accepted and retained the goods, the seller may