Voidable Contract

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

• Markel Serv., Inc. v. Nat'l Farm Lines
  426 F.2d 1123· 10th Cir.· 1970-05-22 ·cited 14×
  The court held that the insured bore the loss for unpaid premiums due to the intermediary agency's default, and that the insurer could recover the premiums despite licensing issues or a disputed refund.
• Scott v. United States
  161 F.2d 1009· 6th Cir.· 1947-06-03 ·cited 14×
  A directed verdict is improper when there is substantial evidence of fraud or misrepresentation in procuring an option contract, as the issue of validity must be submitted to the jury.
• Elio Pino v. Union Bankers Ins. Co.
  627 So. 2d 535· Fla. 3d DCA· 1993-11-09 ·cited 13×
  Elio Pino appeals a summary judgment denying his insurance claim after the insurer unilaterally rescinded his health insurance policy by letter and refund check. The court reverses, holding that a unilateral announcement of rescission does not constitute accord and satisfaction m
• Baylis v. Marriott Corp.
  906 F.2d 874· 2d Cir.· 1990-06-22 ·cited 12×
  The court held that the state-law claim for tortious inducement of breach of a collective bargaining agreement is preempted by the Railway Labor Act (RLA) because it requires interpretation of the agreement, and that the initial notice of appeal, though informal, was sufficient t
• Mullan v. Bishop OF THE Diocese OF Orlando
  540 So. 2d 174· Fla. 5th DCA· 1989-03-16 ·cited 12×
  Mullan, a 25-year teacher at Bishop Moore High School, appeals a summary judgment dismissing his duress claim after he was forced to resign or face immediate termination without pay. The court reverses, finding material factual disputes exist regarding whether the resignation was
• Liberty Mut. Ins. Co. v. Conley
  152 So. 2d 521· Fla. 1st DCA· 1963-04-30 ·cited 12×
  Liberty Mutual Insurance Company sought a declaratory decree regarding coverage under a non-owner automobile liability policy issued to a minor. The minor subsequently purchased an automobile, had an accident while driving it, and later disaffirmed the purchase contract upon reac
• Fruchtl v. Foley
  84 So. 2d 906· Fla.· 1956-01-25 ·cited 12×
  A Florida taxpayer challenged property conveyances involving the City of Ormond Beach's mayor, Leo F. Foley. The court reversed a lower court decision favoring the defendants, holding that Foley could not profit from a sale of municipal property when he was both mayor and a party
• Quest v. Barge
  41 So.2d 158· Fla.· 1949-06-07 ·cited 12×
  This case concerns a real estate contract where the agent, Neighbors, acted as a dual agent for both the buyer and seller without full disclosure. The court held that such a contract is voidable at the election of the deceived principal, even if the price was fair and no actual h
• Motter v. Patterson
  68 F.2d 252· 10th Cir.· 1933-12-18 ·cited 12×
  The court held that a tax liability arose against the New Jersey Corporation because the substance of the transaction was a sale, and the corporation, by accepting and retaining the benefits of the sale, ratified the transaction and was estopped from denying its validity to escap
• Palmer v. Inez Palmer
  479 So. 2d 221· Fla. 5th DCA· 1985-11-29 ·cited 11×
  In this dissolution of marriage case, the trial court granted the ex-wife's motion for relief from judgment under Florida Rule of Civil Procedure 1.540, finding her mentally incompetent to enter the property settlement agreement and voiding the 1980 judgment. The appellate court
• Calderon v. J.B. Nurseries, Inc.
  933 So. 2d 553· Fla. 1st DCA· 2006-02-06 ·cited 10×
  The court held that a workers' compensation settlement agreement was not sufficiently specific and mutually agreeable as to the essential element of executing a release, thus it was not binding.
• United States v. Standard Beauty Supply Stores, Inc.
  561 F.2d 774· 9th Cir.· 1977-09-22 ·cited 10×
  The court held that a corporation's failure to pay franchise taxes does not automatically establish it as the alter ego of its shareholder, and the burden of proof for piercing the corporate veil rests on the party seeking to do so.
• Shedd v. Luke
  299 So. 2d 58· Fla. 1st DCA· 1974-08-29 ·cited 10×
  An ejectment action cannot be maintained by a vendor against a vendee in possession under an executory contract who is not in default, even if the contract for the sale of homestead property lacked the required witnesses, if the vendor subsequently ratified the contract after the
• Watson v. Chase Chem. Corp.
  249 So. 2d 53· Fla. 1st DCA· 1971-06-10 ·cited 10×
  Watson, a distributor of Chase Chemical's product, sued for damages based on alleged fraudulent inducement to enter a distribution contract containing an arbitration clause. The court affirmed dismissal of Watson's complaint, holding that by suing for breach of contract damages r
• The W. Cas. & Sur. Co. v. Margy Herman
  318 F.2d 50· 8th Cir.· 1963-06-13 ·cited 10×
  A misrepresentation of sole ownership in an automobile liability policy makes the policy voidable, not void ab initio, and the insurer may waive its right to rescind by its conduct.
• Duffy Theatres, Inc. v. Griffith Consol. Theatres, Inc.
  208 F.2d 316· 10th Cir.· 1953-11-12 ·cited 10×
  A release of a civil claim for antitrust damages is valid and, if not disaffirmed with due diligence, is considered ratified by the releasor's inaction.
• Bakos v. Bakos
  950 So. 2d 1257· Fla. 2d DCA· 2007-03-16 ·cited 9×
  In this marital dissolution appeal, the Florida Second District Court of Appeal affirmed that the antenuptial agreement was voidable by the wife based on grossly disproportionate benefits and coercive circumstances, but reversed the trial court's determination regarding the postn
• Parham v. E. BAY Raceway & K & K Ins. Agency
  442 So. 2d 399· Fla. 2d DCA· 1983-12-16 ·cited 9×
  The appellate court reversed a summary judgment for the racetrack, finding that genuine issues of material fact existed regarding whether the plaintiff was fraudulently induced not to read a liability release form. The case highlights that an opportunity to read a contract is not
• Genova v. The Fla. Nat'l Bank OF Palm Beach Cnty.
  433 So. 2d 1211· Fla. 4th DCA· 1983-02-02 ·cited 9×
  A settlor sought to revoke her revocable trust and sued for mandamus to compel the trustee bank to surrender its assets. The trial court denied the mandamus petition and granted the trustee's petition for instructions, finding the revocation was procured by undue influence from t
• SAN Juan Prods., Inc. v. SAN Juan Pools OF Kan., Inc.
  849 F.2d 468· 10th Cir.· 1988-06-13 ·cited 8×
  The court held that the trademark registration was not fraudulently procured and thus remained valid, but affirmed the lower court's findings regarding the license agreement and the award of attorney fees based on bad faith litigation.
• Hi-Line Elec. Co. v. Dowco Elec. Prods.
  765 F.2d 1359· 5th Cir.· 1985-07-25 ·cited 8×
  The court held that the unenforceability of a covenant not to compete is a valid defense to a claim of tortious interference with contractual relations, and that the expiration of an injunction renders trade secret claims moot.
• Coleman v. Holecek
  542 F.2d 532· 10th Cir.· 1976-09-27 ·cited 8×
  The court held that Allstate wrongfully refused to defend its insured, making it liable for the full judgment amount, and that attorney's fees were recoverable in a garnishment proceeding under the Kansas insurance code.
• Cundick v. Broadbent
  383 F.2d 157· 10th Cir.· 1967-09-14 ·cited 8×
  The court should reverse the trial court's decision because the evidence does not support the finding of mental competency and the transaction involved gross inadequacy of consideration.
• Kessler v. Jefferson Storage Corp.
  125 F.2d 108· 6th Cir.· 1941-01-16 ·cited 8×
  The court held that a storage contract was valid and enforceable, despite a separate, secret profit-sharing agreement between the storage company and the president of the contracting corporation, because the storage contract was legal, advantageous, and ratified by the corporatio
• Mayer v. First Nat'l Co. of Sarasota
  99 Fla. 173· Fla.· 1930-01-28 ·cited 8×
  This case involves a dispute over a land purchase contract where the buyer sued to recover his down payment after the seller returned the contract with material alterations and an incomplete legal description. The appellate court found the lower court's jury instructions regardin
• THE Kidwell Grp., LLC v. ASI Preferred Ins. Corp.
  351 So. 3d 1176· Fla. 5th DCA· 2022-11-22 ·cited 7×
  An insurer has standing to challenge an assignment of insurance proceeds that fails to comply with section 627.7152(2)(d) because the statute renders non-complying assignments "invalid and unenforceable," which are terms distinct from "voidable" and give the insurer authority to
• N. Carillon, LLC v. CRC 603, LLC
  135 So. 3d 274· Fla.· 2014-01-23 ·cited 7×
  The Florida Supreme Court addressed whether a condominium developer violated the Condominium Act's escrow requirements by maintaining two categories of buyer deposits in a single escrow account rather than separate accounts. The Court held that the statutory language was ambiguou
• Robert A. Wachsler, Inc. v. Florafax Int'l, Inc.
  778 F.2d 547· 10th Cir.· 1985-11-26 ·cited 7×
  The court held that a contract with an interested director, even if fair, requires informed ratification by a majority of shareholders to be validated under Delaware law, and mere acceptance of benefits by the corporation is insufficient if shareholders lack knowledge.
• Sphinx Int'l, Inc. v. Nat'l Union Fire Ins.
  226 F. Supp. 2d 1326· M.D. Fla.· 2002-09-13 ·cited 6×
  The court held that George Taylor was a "duly" elected officer and director for the purposes of the insured vs. insured exclusion, and that the exclusion applied even if the suit was not collusive.
• Fed. Deposit Ins. Corp. v. The AETNA Cas. & Sur. Co.
  947 F.2d 196· 6th Cir.· 1991-10-10 ·cited 6×
  The court held that the agreement tending to diminish the FDIC's interest was part of the asset itself and met the statutory requirements.
• Ogden Martin Sys., Inc. v. SAN Bernardino Cnty.
  932 F.2d 1284· 9th Cir.· 1991-02-27 ·cited 6×
  The court held that the district court erred in granting summary judgment for the County on rescission claims because a genuine issue of material fact exists regarding whether Ogden Martin conferred a benefit on the County. The court also held that the contract was not voidable d
• Citicorp Savings OF Illinois v. Stewart Title Guar. Co.
  840 F.2d 526· 7th Cir.· 1988-02-22 ·cited 6×
  The dissenting judge argues the majority misinterprets the title insurance policy by failing to allow the insurer to cure a title defect as permitted by the policy's clear language.
• MY PIE Int'l, Inc. v. Debould, Inc.
  687 F.2d 919· 7th Cir.· 1982-08-17 ·cited 6×
  The court held that the franchisees were estopped from asserting a violation of the Illinois Franchise Disclosure Act, and the exemption obtained was valid for the transaction.
• W. C. James, Inc. v. OIL
  646 F.2d 1292· 8th Cir.· 1981-04-27 ·cited 6×
• Laemmar v. J. Walter Thompson Co.
  435 F.2d 680· 7th Cir.· 1970-11-04 ·cited 6×
  The court held that the threat of discharge from employment can constitute duress, rendering a contract voidable.
• Wells v. RAU
  393 F.2d 362· D.C. Cir.· 1968-04-01 ·cited 6×
  A general release may be voidable for mistake if the settlement was made in contemplation of a minor, known injury, but in fact, an unknown, different, and more serious injury existed.
• Rubenstein v. DR. Pepper Co.
  228 F.2d 528· 8th Cir.· 1955-12-22 ·cited 6×
  A party alleging mental incapacity to contract must first tender back any consideration received to avoid the contract; failure to do so bars claims arising from the original contract.
• Selph v. Hanover Fire Ins. Co. of N.Y.
  154 Fla. 287· Fla.· 1944-03-17 ·cited 6×
  An insured sued on an auto insurance policy after the vehicle was destroyed. The trial court directed a verdict for the insurer, but the Florida Supreme Court reversed on the issues of insurable interest and misrepresentation of liens, while affirming on the issue of warranty of
• Clark B. Davis and Leland Hyzer v. THE Hefty Press, Inc.
  152 Fla. 385· Fla.· 1943-02-12 ·cited 6×
  The Florida Supreme Court reversed a lower court decision that prevented foreclosure sale purchasers from obtaining possession of real property sold under a mortgage foreclosure decree. The court held that an agreement between the purchasers' trustees and the mortgagor to allow s
• Cumberland & Ohio Co. OF Tex., Inc. v. First Am. Nat'l Bank
  936 F.2d 846· 6th Cir.· 1991-06-12 ·cited 5×
  The court held that the Company's suit was barred by the statute of limitations and by a previously executed Waiver and Release, even if that waiver was voidable due to economic duress.
• Palmer v. Kimberley H. Palmer
  109 So. 3d 257· Fla. 1st DCA· 2013-02-18 ·cited 4×
  The appellate court affirmed an order enforcing a marital settlement agreement provision requiring the former husband to pay damages for failing to refinance the marital home on schedule. The court held that contractual provisions setting damages for delay in performance are not
• LEO v. MacLEOD
  752 So. 2d 627· Fla. 2d DCA· 1999-12-29 ·cited 4×
  The Leos sold their home to MacLeod under a real estate contract with an attorneys' fees clause. The trial court rescinded the contract based on mutual mistake (the garage was too short for a full-sized car), but then awarded MacLeod $14,000 in attorneys' fees under the contract.
• United States v. COX
  985 F.2d 427· 8th Cir.· 1993-02-11 ·cited 4×
  A defendant's knowing acceptance of a plea agreement's benefits after notice of a breach, and the court's approval of the agreement, waives the right to claim the agreement is void. Discrepancies between debriefing statements and grand jury testimony do not constitute obstruction
• Lance Holding Co. v. Ashe
  533 So. 2d 929· Fla. 5th DCA· 1988-11-17 ·cited 4×
  Lance Holding Company appealed a judgment requiring it to pay attorney Paul Ashe under an employment contract. The court reversed, holding that Ashe fraudulently misrepresented his qualifications and bar status on his resume, rendering the contract voidable, and that he could not
• The Moorings Dev. Co. v. Porpoise BAY Co., Inc.
  487 So. 2d 60· Fla. 4th DCA· 1986-04-09 ·cited 4×
  The Moorings Development Company and its licensed subsidiary Moorings Realty Sales, Inc. appealed the dismissal of their complaint against Porpoise Bay for breach of an exclusive sales agreement, arguing that the unlicensed development company could enforce the contract through i
• E. Okla. Television Co., Inc. v. Ameco, Inc.
  437 F.2d 138· 10th Cir.· 1971-02-03 ·cited 4×
  Corporate stock issued to organizers for services and property, including a personal guaranty, was validly issued and not in violation of constitutional or statutory requirements. Appellants lacked standing to challenge the stock's validity.
• Hoss v. C. G. (Jim) Purinton
  229 F.2d 104· 9th Cir.· 1955-12-21 ·cited 4×
  The dissenting judge believes the judgment against Hoss individually should be reversed because his liability was based on a contract that was not alleged or found to have been made by him individually.
• Guar. Tr. Co. v. United States
  139 F.2d 69· 9th Cir.· 1943-11-29 ·cited 4×
  The court affirmed the trial court's finding that the Bank was chargeable with income from the sale of Sunshine stock, even if the Bank's purchase of the stock was voidable.
• Emp'rs Mut. Cas. Co. v. Am. Auto. Ins. Co.
  131 F.2d 802· 10th Cir.· 1942-11-06 ·cited 4×
  The court held that the subrogee of a judgment creditor cannot assert fraud to reform an insurance contract when the original insured has not elected to rescind the contract modification.
• Echo v. MGA Ins. Co., Inc.
  157 So. 3d 507· Fla. 1st DCA· 2015-02-16 ·cited 3×
  Gwendolyn Echo appeals a summary judgment rescinding her auto insurance policy based on material misrepresentation. The First District Court of Appeal reversed in part, holding that the insurer may have waived its rescission right by making PIP payments after suit was filed, and