Partial Performance Doctrine

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

• Murphy v. Hohne
  73 Fla. 803· Fla.· 1917-03-31 ·cited 43×
  Specific performance of a contract for the sale of real estate is not a matter of right but a matter of sound judicial discretion, and a court will not grant specific performance in part where the defendant's spouse holds an uncontemplated dower interest that cannot be conveyed w
• Jacksonville Port Auth. v. W.R. Johnson Enters., Inc.
  624 So. 2d 313· Fla. 1st DCA· 1993-08-30 ·cited 24×
  Jacksonville Port Authority appeals a jury verdict finding it breached a contract with W.R. Johnson Enterprises to perform phase III installation work on a container crane repair project. The appellate court reverses, holding that no binding contract existed because the parties n
• DeBOER Constr., Inc. v. Reliance Ins. Co. & The Ins. Ctr., Inc.
  540 F.2d 486· 10th Cir.· 1976-08-18 ·cited 20×
  A principal is bound by an agent's contract to the extent of the agent's granted authority, even if the agent acts fraudulently and exceeds that authority, and a party dealing with an agent is bound by limitations in the agent's power of attorney if they have notice of it.
• Sanz v. R.T. Aerospace Corp.
  650 So. 2d 1057· Fla. 3d DCA· 1995-02-15 ·cited 18×
  Jose Sanz appeals the grant of a preliminary injunction enforcing a noncompete clause from his three-year employment agreement with R.T. Aerospace, which had expired by its terms in January 1992 before his termination in November 1993. The court reverses, holding that noncompete
• Moneyhun v. Vital Indus., Inc.
  611 So. 2d 1316· Fla. 1st DCA· 1993-01-11 ·cited 17×
  Moneyhun appealed summary judgment dismissing his breach of oral contract, quantum meruit, and fraud claims against Vital Industries. The court held that the statute of frauds did not bar the breach of contract claim due to disputed material facts regarding full or partial perfor
• 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.
• City OF Orlando v. W. Orange Country Club, Inc.
  9 So. 3d 1268· Fla. 5th DCA· 2009-04-24 ·cited 12×
  The City of Orlando and Orange County appealed a summary judgment ordering them to provide reclaimed water to West Orange Country Club at no charge for twenty years pursuant to a contract signed only by the plaintiff. The court reversed, holding that the statute of frauds barred
• Miller Constr. Co. v. First Indus. Tech. Corp.
  576 So. 2d 748· Fla. 3d DCA· 1991-02-19 ·cited 11×
  Miller Construction Company appeals a judgment denying its mechanics' lien claim against First Industrial Technology Corp. The court affirms the denial of the lien, finding Miller lacks standing as a non-architect and that furnishing drawings does not constitute an improvement to
• Zukowski v. Dunton
  650 F.2d 30· 4th Cir.· 1981-05-21 ·cited 10×
  The court affirmed the district court's decision regarding the land transfer but modified the stock transfer order, finding that a constructive trust for stock could not exist as no stock was ever issued.
• Dresser Indus., Inc. v. Pyrrhus AG
  936 F.2d 921· 7th Cir.· 1991-07-08 ·cited 4×
  The court held that Pyrrhus' August 28, 1987 letter was a counter-offer rejecting Dresser's renewal offer, and the alleged oral agreement was barred by the Statute of Frauds, thus Dresser's termination was effective.
• Delves v. Kingdom Voice Publ'ns, Inc.
  464 So. 2d 1327· Fla. 1st DCA· 1985-03-14 ·cited 4×
  The court held that the complaint sufficiently stated a cause of action, as an oral modification of a contract subject to the Statute of Frauds can be binding if there is partial performance.
• In re Destro v. Stuhley
  675 F.2d 1037· 9th Cir.· 1982-04-26 ·cited 2×
  An equitable lien, established through partial performance and estoppel, is superior to a bankruptcy trustee's claim as a judgment lien creditor, even if not perfected as a legal lien.
• Terrence Indus., Inc. v. Harrison
  291 So. 2d 69· Fla. 3d DCA· 1974-03-05 ·cited 1×
  The court affirmed a partial summary judgment for eviction of tenant, finding no reversible error in the trial court's decision to grant removal of tenant while deferring resolution of ownership and back rent disputes.
• Doe v. Roe
  S.D. Fla.· 2020-11-12
  The court held that an alleged oral agreement, which by its terms could not be performed within one year, was barred by the statute of frauds, precluding claims for breach of contract, fraud, fraud in the inducement, and promissory estoppel. The unjust enrichment claim failed for
• Boyert v. Laszlo N. Tauber
  973 F.2d 370· 4th Cir.· 1992-08-25
  Neither parol evidence nor partial performance can identify a broker when the writing refers to 'outside brokers' without naming them, thus precluding a commission claim.