Ratification Of Agent'S Actions

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

• Bellaire Sec. Corp. v. Brown
  124 Fla. 47· Fla.· 1936-02-20 ·cited 82×
  This foreclosure case involves competing mortgage claims on Florida land purchased through multiple transactions in 1925. The core dispute concerns whether stockholders of Bayview Improvement Company can be held personally liable for a first mortgage assumed by the corporation, a
• Chase & Co. v. Miller
  81 Fla. 472· Fla.· 1921-04-07 ·cited 56×
  Chase & Company appeals a judgment for unpaid potatoes sold by Miller. The Florida Supreme Court reversed, holding that Miller failed to prove an enforceable sales contract because he did not establish that Mr. Waterman, through whom the transaction occurred, had authority to bin
• Love v. Brown Dev. Co. of Mich.
  100 Fla. 1373· Fla.· 1930-12-02 ·cited 53×
  Laura R. Love appeals a judgment in favor of Brown Development Company, seeking recovery of $812.50 paid toward a land purchase. The Florida Supreme Court holds that because the seller's agent failed to perform a condition precedent to the escrow agreement—finding a willing buyer
• Sonny Jack Harrell v. Branson
  344 So. 2d 604· Fla. 1st DCA· 1977-04-06 ·cited 47×
  Branson sought rescission of a warranty deed conveying property to Harrell and Harrell's unmarried partner (Branson's niece) based on fraudulent misrepresentation that they were married. The court affirmed rescission, holding that Harrell was liable for the fraudulent concealment
• Bach v. Fla. State Bd. OF Dentistry
  378 So. 2d 34· Fla. 1st DCA· 1979-11-30 ·cited 46×
  Dr. Richard Bach and his dental hygienist wife Carol Ann Bach appealed suspensions of their licenses imposed by the Florida State Board of Dentistry for the hygienist's administration of anesthesia, a prohibited operation. The court affirmed Mrs. Bach's suspension but reversed Dr
• Crawford v. DiMICCO
  216 So. 2d 769· Fla. 4th DCA· 1968-12-31 ·cited 43×
  An insurance agent exceeded its authority by binding insurance coverage on a boat without first obtaining a required condition survey, despite explicit instructions from the insurer that vessels over $5,000 or more than three years old required surveys. The court affirmed judgmen
• Pedro Realty Inc. v. Silva
  399 So. 2d 367· Fla. 3d DCA· 1981-04-28 ·cited 42×
  Pedro Realty Inc. appealed the trial court's denial of its motion to vacate a default judgment entered against it as a third-party defendant. The court reversed, holding that where a defendant promptly seeks to vacate a default, demonstrates excusable neglect, and presents a meri
• T. G. Bush Grocery Co. v. Conely
  61 Fla. 131· Fla.· 1911-01-01 ·cited 40×
  The appellate court affirmed a jury verdict for the defendant, finding that a wholesale grocer was estopped from denying its salesman's authority to offer rebates. The court held that the grocer's actions created apparent authority, justifying the defendant's belief in the salesm
• Brogan v. Ferguson
  131 So. 171· Fla.· 1930-11-26 ·cited 35×
  This case concerns whether a creditor (Brogan) can enforce a right of subrogation against a party (Quinn) who agreed to indemnify the debtor (Ferguson) for mortgage liabilities. The court ultimately reversed its prior decision, holding that Brogan could enforce Ferguson's indemni
• The Am. Lead Pencil Co. v. F. A. Wolfe & Co.
  30 Fla. 360· Fla.· 1892-06-01 ·cited 31×
  The American Lead Pencil Company appeals a judgment against it for goods sold to a third party (Dees & Barton) on the alleged promise of its agent Gudenrath to pay the proceeds of cedar logs to the sellers (Wolfe & Co.). The Florida Supreme Court reversed, holding that Gudenrath
• Tuf-Flex Glass v. Nat'l Labor Relations Bd.
  715 F.2d 291· 7th Cir.· 1983-08-12 ·cited 28×
  The court held that threats made by a rank-and-file employee, not attributable to the union, did not create a coercive atmosphere sufficient to invalidate a representation election.
• Standard Oil Co. v. Nickerson
  103 Fla. 701· Fla.· 1931-11-24 ·cited 27×
  Standard Oil Company appeals a jury verdict awarding Jack Nickerson $3,000 for breach of an employment contract allegedly made by the company's agent L.G. Rogers in exchange for releasing a personal injury claim. The Florida Supreme Court affirms, holding that the evidence suffic
• Am. Standard Credit, Inc. v. Nat'l Cement Co.
  643 F.2d 248· 5th Cir.· 1981-04-20 ·cited 24×
  The court held that one of the district court's key factual findings was clearly erroneous, requiring reversal of its judgment, but remanded for further proceedings due to lack of findings on other crucial issues.
• 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
• Bradbury v. Phillips Petroleum Co.
  815 F.2d 1356· 10th Cir.· 1987-04-07 ·cited 18×
  The court held that sufficient evidence supported the jury's finding that Desert Drilling Company was an agent of Phillips, making Phillips vicariously liable for the actions of Desert Drilling's employees, and that evidence of prior settlements and incidents was admissible for p
• In re the Arb. between Prudential Lines, Inc.
  704 F.2d 59· 2d Cir.· 1983-03-28 ·cited 18×
  The court held that disputes concerning the responsibility for repairs and sub-issues like the surveyor's authority are arbitrable under the charter party's arbitration clauses, even if significant delays have occurred.
• The Great Atl. & Pac. TEA Co., Inc. v. The Fed. Detective Agency, Inc.
  157 So. 2d 148· Fla. 3d DCA· 1963-10-29 ·cited 18×
  The court held that A & P was liable for malicious prosecution, affirming the jury's verdict and the denial of its cross-claim for indemnification.
• C. Q. Farms, Inc. v. Cargill Inc.
  363 So. 2d 379· Fla. 1st DCA· 1978-10-03 ·cited 16×
  C.Q. Farms appeals directed verdicts in favor of Cargill on contract breach claims, alleging Cargill promised a $250,000 line of credit in exchange for a security lien on C.Q.'s accounts receivable, but later claimed only $150,000 was approved. The appellate court reverses, holdi
• Ctr. Mfg. Co., Inc. v. The United States
  392 F.2d 229· Ct. Cl.· 1968-03-15 ·cited 16×
  The contractor's interpretation of the specifications was reasonable, and the specifications were impossible to comply with while passing the required tests.
• Rodriguez v. Powell
  127 Fla. 56· Fla.· 1937-02-09 ·cited 16×
  This case concerns whether a minor's signed statement exonerating a railway company from negligence, obtained by a claim agent in exchange for a promise of necessaries, constitutes a valid contract. The court held that the statement's evidentiary value to the company provided suf
• Commercial Credit Equip. Corp. v. Stamps
  920 F.2d 1361· 7th Cir.· 1990-12-27 ·cited 14×
  The court held that while compensatory damages for fraud and conversion were supported by the evidence, punitive damages and prejudgment interest were improperly awarded. Costs for videotaping depositions were allowed, but not for their transcripts.
• Hoyt R. Matise Co. v. Zurn
  754 F.2d 560· 5th Cir.· 1985-03-04 ·cited 14×
  A real estate broker earns their commission upon procuring a buyer who enters into an enforceable contract of sale, even if the transaction later fails to close, unless the failure is due to the broker's fault.
• Byrne Org., Inc. v. United States
  287 F.2d 582· Ct. Cl.· 1961-03-01 ·cited 14×
  The court held that the plaintiffs, having acted as volunteers and relying on unauthorized letters of intent from a government agent, were not entitled to recover further remuneration, and the defendant's counterclaim for money paid was denied.
• Brown v. Cowden Livestock Co.
  187 F.2d 1015· 9th Cir.· 1951-03-12 ·cited 14×
  The court held that the appellee's settlement with Adams on July 16th, which involved accepting his checks and extending credit, constituted an abandonment of any claim against the appellants and created a debtor-creditor relationship solely with Adams, thus relieving appellants
• Meinhardt Bros. & Co. v. Solomon Mode
  22 Fla. 279· Fla.· 1886-01-01 ·cited 14×
  Meinhardt Bros. & Co. sued Solomon Mode to recover money advanced to pay a judgment against third party Trespole Myers. The Florida Supreme Court reversed a jury verdict for Mode, holding that the court erroneously admitted Mode's testimony about his subjective intent regarding t
• Dade Cnty. Police Benevolent Ass'n v. City OF Homestead & the Pub. Emps. Relations Comm'n
  444 So. 2d 465· Fla. 3d DCA· 1984-01-03 ·cited 10×
  The Florida District Court of Appeal reversed the Public Employees Relations Commission's finding that the Dade County Police Benevolent Association (PBA) supported an illegal wildcat strike by Homestead police officers. The court held that under common-law agency principles, the
• Differential Steel Car Co. v. MacDonald
  180 F.2d 260· 6th Cir.· 1950-02-17 ·cited 10×
  The court held that the appellant, Differential Steel Car Company, was bound by its contract to guarantee the mechanical performance of the rail cars, and that its agent, Macdonald, acted within his authority.
• The United States v. Wedemlann & Godknecht, Inc.
  515 F.2d 1145· C.C.P.A.· 1975-05-15 ·cited 8×
  The court held that statutes granting the right of appeal should be liberally construed, allowing the real party in interest or their agent to file a protest even if not explicitly named in entry papers.
• Greif Bros. Cooperage Corp. v. United States Gypsum Co.
  341 F.2d 167· 8th Cir.· 1965-02-09 ·cited 8×
  The court held that the tax description used by Gypsum for newly formed accretions was legally sufficient under Arkansas law, vesting title in Gypsum, while Greif Bros.' tax description was void. For the second tract, the court found Greif Bros.' deed valid and Gypsum charged wit
• Gen. Motors Acceptance Corp. v. Froelich
  273 F.2d 92· D.C. Cir.· 1959-12-03 ·cited 8×
  The court held that interoffice memoranda were admissible as evidence of the defendant's knowledge and actions regarding the repossession, and that sufficient evidence existed to submit the issue of punitive damages to the jury.
• Burton v. Katzman
  187 F.2d 703· 7th Cir.· 1951-03-07 ·cited 7×
  The court held that the owner of apartments is liable for an agent's illegal requirement of furniture purchase as a condition to rental, even if the owner did not directly profit from the furniture sale.
• Capitol Int'l Airways, Inc. v. Civil Aeronautics Bd.
  392 F.2d 511· D.C. Cir.· 1968-03-08 ·cited 6×
  The court affirmed the Civil Aeronautics Board's orders, finding the carrier liable for tariff violations and documentation failures, and upholding the Board's discretionary denial of review.
• Flournoy v. Hewgley
  234 F.2d 213· 10th Cir.· 1956-06-01 ·cited 6×
  The court held that an attempted change of beneficiary, completed by an agent contrary to the insured's instructions, was a nullity, and the prior beneficiary designation remained in effect.
• The First Nat'l Bank of St. Augustine v. Kirkby
  43 Fla. 376· Fla.· 1901-06-01 ·cited 6×
  This case involves a dispute over liens claimed by employees of the East Florida Land and Produce Company against the company's mill, machinery, and lumber. The Florida Supreme Court affirmed some aspects of the trial court's decree granting labor liens to the employees, but reve
• Hobbs Constr. & Dev., Inc. v. Colonial Concrete Co.
  461 So. 2d 255· Fla. 1st DCA· 1984-12-26 ·cited 5×
  Hobbs Construction appealed a trial court judgment awarding Colonial Concrete payment for overtime concrete deliveries under a July 1982 agreement for nighttime and Sunday pouring services. The court affirmed, holding that the July agreement was supported by consideration, that H
• Bradburn v. McINTOSH
  159 F.2d 935· 10th Cir.· 1947-02-04 ·cited 5×
  The court held that the order restoring Nancy to capacity was not void and not subject to collateral attack, and that the defendants who paid their debts in good faith were entitled to protection.
• Richard F. Kiepfer, M.D. v. Beller
  944 F.2d 1213· 5th Cir.· 1991-10-21 ·cited 4×
  The court held that there was sufficient evidence for a jury to find that APIE ratified or authorized Dr. Eades' actions, making APIE liable for tortious interference with business relations, but that Dr. Kiepfer failed to show an anticompetitive effect required for his antitrust
• Parmenter v. Fed. Deposit Ins. Corp.
  925 F.2d 1088· 8th Cir.· 1991-02-11 ·cited 4×
  The court held that post-harvest promises of payment lacked consideration, but a pre-harvest promise to one appellant might be supported by consideration and Leffert may have had actual authority to make it.
• In re Eton Furniture Co.
  286 F.2d 93· 3d Cir.· 1961-01-24 ·cited 4×
  The court held that Eton Furniture Company was liable for loans negotiated by its general manager, Huntington, even though only Huntington's name appeared on the notes, because the notes served as collateral for Eton's debt and Eton ratified the borrowing by using the funds.
• The Ocala Nat'l Farm Loan Ass'n v. The Munroe & Chambliss Nat'l Bank
  89 Fla. 242· Fla.· 1925-03-12 ·cited 4×
  A bank sought to recover funds it paid out based on forged endorsements on checks deposited by the secretary-treasurer of a farm loan association. The Florida Supreme Court reversed, holding that the farm loan association was not liable because the secretary-treasurer acted outsi
• Croom v. Swann
  1 Fla. 211· Fla.· 1847-01-01 ·cited 4×
  In this early Florida case, the Supreme Court reversed a judgment against Croom for damages arising from a horse warranty made by his agent Oliver. The court held that a judgment from a prior suit between the horse buyer Shaw and Oliver's administrator Swann was inadmissible agai
• The K Co. Realty LLC v. Marc-Jean Pierre
  376 So. 3d 730· Fla. 4th DCA· 2023-12-20 ·cited 2×
  Summary judgment was improper on vicarious liability and negligent supervision claims because material factual disputes existed regarding whether the agent acted within the scope of authority, whether her actions furthered the principal's interests, and whether the principal knew
• United Parcel Serv., Inc. v. World Time Corp. OF Am.
  556 So. 2d 1223· Fla. 4th DCA· 1990-02-21 ·cited 2×
  United Parcel Service appealed a summary judgment against it in a dispute over collection of payment for a C.O.D. package. The court reversed and remanded, holding that UPS had no duty to collect cash or cashier's checks without written instructions, that certified checks constit
• Kirsner v. The Univ. OF Miami
  362 So. 2d 449· Fla. 3d DCA· 1978-09-12 ·cited 2×
  Dr. Kirsner, a tenured faculty member at the University of Miami, sought declaratory relief claiming the University was obligated to maintain his salary after he was removed as Department Chairman based on a December 1973 letter from the Dean. The court affirmed the lower court's
• Phillips Petroleum Co. v. Odell Royster
  256 So. 2d 559· Fla. 1st DCA· 1972-01-18 ·cited 2×
  This case addresses whether a principal is liable for the fraudulent acts of an agent acting within the apparent scope of their authority, even if those acts were unlawful. The court held that the principal is liable, as their actions enabled the agent to commit the fraud.
• United States v. Raymar Contracting Corp.
  406 F.2d 280· 2d Cir.· 1968-12-06 ·cited 2×
  The court held that the plaintiff's suit for the purchase price of electric motors was untimely under the Miller Act because it was filed more than one year after the last delivery of materials, and the purchase of motors did not constitute a single contract with the air-conditio
• Mfrs. Cas. Ins. Co. v. Martin-Lebreton Ins. Agency
  242 F.2d 951· 5th Cir.· 1957-03-28 ·cited 2×
  An agent who acts without authority and causes loss to its principal is liable for that loss unless the principal expressly and knowingly adopts the agent's act or is otherwise estopped from asserting the breach.
• Hamilton v. United States Pipe & Foundry Co.
  213 F.2d 861· 5th Cir.· 1954-06-25 ·cited 2×
  The court held that the letter was conditionally privileged and not libelous per se, and the plaintiff had no rights under the pension plan after termination.
• Alleghany Corp. v. James Found. of N.Y., Inc.
  214 F.2d 446· 2d Cir.· 1954-06-08 ·cited 2×
  The court held that even assuming the contract was validly formed and the parties had authority, the contract was unenforceable because performance would have been illegal without prior Interstate Commerce Commission approval, which could not have been obtained within the contrac
• Meeks v. Taylor
  138 F.2d 458· 5th Cir.· 1943-10-20 ·cited 2×
  The court held that a forged lease cannot be ratified by a subsequent security deed given for a loan, especially when the grantor did not receive any benefit from the purported lessee.