Waiver Of Conditions

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

• Smallwood v. Pearl Brewing Co.
  489 F.2d 579· 5th Cir.· 1974-02-19 ·cited 147×
  The court held that the plaintiff had standing to assert Rule 10b-5 violations related to the merger transaction, including subsequent events tied to it, but not for claims independent of the merger.
• Volis v. Puritan Life Ins. Co.
  548 F.2d 895· 10th Cir.· 1977-02-01 ·cited 49×
  The dissenting judge believes the insurance policy remained in effect because the insurer waived its right to declare a forfeiture by accepting and retaining the late premium payment.
• Hinote v. Brigman
  44 Fla. 589· Fla.· 1902-06-01 ·cited 38×
  This case addresses whether a verbal contract for logging services made in December 1891 was binding when the parties later agreed to reduce it to writing but the written version was signed only by the defendant, not the plaintiffs. The Florida Supreme Court held that a completed
• Hannah v. James A. Ryder Corp.
  380 So. 2d 507· Fla. 3d DCA· 1980-02-26 ·cited 35×
  Peter Hannah sued James A. Ryder Corporation to recover over $150,000 in claimed sales commissions on an oral agreement. The trial court granted Ryder summary judgment based on accord and satisfaction, finding Hannah had accepted a $20,000 settlement offer by cashing three checks
• Clay Cnty. Land Tr. # 08-04-25-0078-014-27 v. Jpmorgan Chase Bank
  152 So. 3d 83· Fla. 1st DCA· 2014-11-20 ·cited 30×
  The court held that the appellant lacked standing to challenge the notice of default, but the affidavit regarding the amount owed contained inadmissible hearsay, requiring a remand for recalculation.
• Somali Dev. Bank & the Somali Democratic Republic v. The United States
  508 F.2d 817· Ct. Cl.· 1974-12-18 ·cited 28×
  The court has jurisdiction to determine if a contract was breached, regardless of whether tort claims are also present.
• PAN Am. Distrib. Co. v. Sav-A-Stop
  124 So. 2d 753· Fla. 1st DCA· 1960-12-01 ·cited 28×
  Pan American Distributing Company (defendant/appellant) appealed a summary judgment rendered against it on both the plaintiff's complaint and the defendant's counterclaim regarding allegedly late merchandise returns. The court affirmed judgment on the plaintiff's complaint but re
• Liberty Nat'l Bank & Tr. Co. v. Bank OF Am. Nat'l Tr. & Sav. Ass'n
  218 F.2d 831· 10th Cir.· 1955-01-15 ·cited 28×
  The court held that Liberty was not liable for payments made by Bank of America to a Swiss bank, as the telegram authorizing payment did not waive the letter of credit's conditions.
• LEE Shops, Inc. v. Schatten-Cypress Co.
  350 F.2d 12· 6th Cir.· 1965-08-27 ·cited 24×
  The court held that anticipated profits can be a factor in determining damages for breach of a lease agreement, and that the trial court did not err in admitting expert testimony on this issue.
• Ruud v. Am. Packing & Provision Co.
  177 F.2d 538· 9th Cir.· 1949-10-25 ·cited 22×
  The court held that the trial court's findings were supported by substantial competent evidence and that no prejudicial error occurred, affirming the judgment.
• Fla. Inv. Grp. 100, LLC v. Annalisa Lafont
  271 So. 3d 1· Fla. 4th DCA· 2019-04-24 ·cited 19×
  A buyer who fails to timely notify the seller that loan approval was not obtained is deemed to have waived the loan approval contingency and must close without financing. The appraisal insufficiency exception in the contract applies only to appraisals related to an actual loan ap
• JAY VEE Realty Corp. v. Jaymar Acres, Inc.
  436 So. 2d 1053· Fla. 4th DCA· 1983-08-31 ·cited 19×
  Jay Vee Realty, a seller of real estate, appealed a trial court judgment ordering specific performance of a real estate sales contract. The court upheld the judgment, finding that the buyer was not in default and that the seller had failed to perform its own obligations under the
• McCampbell Furniture Stores, Inc. v. Cent. Farmers Tr. Co.
  117 Fla. 351· Fla.· 1934-07-31 ·cited 15×
  McCampbell Furniture Stores sold furniture to Hibiscus Holding Company with title retained until payment in cash. The mortgagee of the real property claimed the furniture was subject to its after-acquired property clause, but the Florida Supreme Court held that title never passed
• Jack v. Craighead Rice Milling Co.
  167 F.2d 96· 8th Cir.· 1948-03-25 ·cited 14×
  The court held that the surety's actions constituted a waiver of the notice requirement, and the assignment of the bond did not invalidate the contract. The admission of evidence regarding waterproofing costs and the introduction of plans from a similar project were not prejudici
• Forrest Murphy v. Landsburg
  490 F.2d 319· 3d Cir.· 1973-12-28 ·cited 12×
  The Orphans' Court's approval of the sale to a third party, after the buyer objected and argued for his own prior contract, collaterally estopped the buyer from later suing for breach of contract based on the same transaction.
• Galt View Apts., Inc. v. Fazio
  490 So. 2d 1005· Fla. 4th DCA· 1986-06-18 ·cited 11×
  Galt View, a cooperative apartment association, appealed a judgment requiring it to specifically perform its contract to sell property to Frank Fazio despite HUD's rejection of the initial approval application. The court held that Galt View failed to make a diligent, good faith e
• Quesada v. Dir., Fed. Emergency Mgmt. Agency
  577 F. Supp. 695· S.D. Fla.· 1983-12-29 ·cited 11×
  The court held that State Farm's homeowners policy excluded flood damage, but FEMA's flood insurance policy covered damage proximately caused by flooding from Tropical Storm Dennis, and FEMA waived the proof of loss requirement.
• Landau & Cleary, Ltd. v. Hribar Trucking, Inc.
  807 F.2d 91· 7th Cir.· 1986-12-03 ·cited 10×
  The court held that the district court's finding that monthly billings were not a condition precedent to payment under the oral agreement was not clearly erroneous, and affirmed the judgment on the contract claim.
• Daniel Lumber Co. v. Empresas Hondurenas
  215 F.2d 465· 5th Cir.· 1954-09-03 ·cited 10×
  The court held that the contract was valid under Honduran law, and the defendants breached the contract by failing to account for timber and pay minimum obligations, despite claims of misrepresentation and impossibility due to timber shortage.
• Beister v. John Hancock Mut. Life Ins. Co.
  356 F.2d 634· 8th Cir.· 1966-02-24 ·cited 8×
  The court reached the result that the insurer is liable, but the concurring judge disagreed with the majority's reasoning regarding the effective date of the contract.
• United States v. Schaeffer
  319 F.2d 907· 9th Cir.· 1963-07-17 ·cited 8×
  The court held that the failure of all landowners to sign repayment contracts was not a condition precedent to the validity of contracts with appellees, and thus the United States had an enforceable lien.
• Gettins v. United States Life Ins. Co.
  221 F.2d 782· 6th Cir.· 1955-04-15 ·cited 8×
  The dissenting judge believes the case is controlled by Ohio Supreme Court precedent establishing that a soliciting agent cannot waive policy conditions without proof of authority.
• Jefferson Standard Life Ins. Co. v. Martha S. Lyons (sometimes known as Martha Lyons
  122 Fla. 346· Fla.· 1936-01-07 ·cited 8×
  This case concerns whether an insurance policy is enforceable when the insured dies before the policy is physically delivered and the first premium is paid. The court held that the insurer's actions and the soliciting agent's conduct could bind the company, even if policy conditi
• Hardin v. Paradigm Ins. Co.
  962 F.2d 628· 7th Cir.· 1992-05-01 ·cited 7×
  The court held that the trial court properly instructed the jury regarding the Illinois Consumer Fraud and Deceptive Business Practices Act and that punitive damages were permissible due to the independent tort of fraud.
• Gaynor v. Buckley
  318 F.2d 432· 9th Cir.· 1963-05-29 ·cited 6×
  The court held that the board of directors could waive the conditions of a stock option agreement because the stockholders, who had approved the initial agreement, had not been made aware of these specific conditions and thus had not ratified them.
• Glenco Corp. v. Am. Equitable Assurance Co.
  289 F.2d 899· D.C. Cir.· 1961-05-11 ·cited 6×
  The court held that the plaintiff's failure to submit a sworn and itemized proof of loss as required by the insurance policy justified the dismissal of the action.
• S. Internet Sys., Inc. v. Pritula
  856 So. 2d 1125· Fla. 4th DCA· 2003-10-22 ·cited 5×
  The court held that a settlement agreement conditioned on board approval was not a binding contract when that approval was never obtained, and thus the implied covenant of good faith and fair dealing could not be invoked.
• D & E Real Est. v. Vitto
  260 So. 3d 429· Fla. 3d DCA· 2018-11-29 ·cited 4×
  A seller cannot rely on its own failure to cure a title defect as grounds to terminate a real estate contract or avoid specific performance. A seller's obligation to exercise reasonable diligent efforts to cure title defects is a condition precedent that the seller cannot use to
• Haim Michel Ifergane v. Citizens Prop. Ins. Corp.
  232 So. 3d 1063· Fla. 3d DCA· 2017-10-18 ·cited 4×
  The court held that a genuine issue of material fact remains as to whether a letter from Citizens constituted a denial of coverage, making summary judgment improper.
• Ferrer v. Fid. & Guar. Ins. Co.
  10 F. Supp. 2d 1324· S.D. Fla.· 1998-02-11 ·cited 4×
  The court held that the insureds' failure to submit a sworn proof of loss and comply with other policy conditions precedent before filing suit barred their claim.
• Fed. Deposit Ins. Corp. v. Nanula
  898 F.2d 545· 7th Cir.· 1990-03-27 ·cited 4×
  The court held that Nanula's loan assumption agreement was unconditional and that his liability for unpaid capital contributions was not extinguished by the FDIC's receipt of partnership assets.
• Schwieger v. Iowa Beef Processors, Inc.
  802 F.2d 1032· 8th Cir.· 1986-10-03 ·cited 4×
  The dissenting judge would affirm the district court's judgment, disagreeing with the majority's interpretation of the stock option contract.
• Guilliams v. The First Nat'l Bank OF Leesburg
  229 So. 2d 633· Fla. 2d DCA· 1969-12-19 ·cited 4×
  The court affirmed a summary judgment denying the Guilliams' claim to a 14-acre citrus grove under a will provision that conditioned title transfer on their discharge of specified duties before the death of the life tenant. The court held that the conditions were conditions prece
• Indus. Uranium Co. v. The United States
  376 F.2d 868· Ct. Cl.· 1967-05-12 ·cited 4×
  The court held that plaintiff's ores were purchased under the terms of Circular 5, entitling them to recovery.
• Title Ins. & Guar. Co. v. Hart
  160 F.2d 961· 9th Cir.· 1947-01-08 ·cited 4×
  The court held that a lease renewal option conditioned on compliance with safety regulations could not be denied due to violations, as the lessor was not injured and violations were corrected before the Industrial Accident Commission took action.
• Nelson v. State
  669 So. 2d 1145· Fla. 4th DCA· 1996-03-20 ·cited 3×
  Charles Nelson appealed his sentencing for arson, challenging the trial court's imposition of an indefinite probation restitution center placement, the improper inclusion of a nolle prossed charge in the sentencing scoresheet, and certain probation conditions. The appellate court
• Fourth St. Rest. v. Venture Realty Grp., Inc.
  533 So. 2d 784· Fla. 2d DCA· 1988-08-26 ·cited 2×
  A real estate broker sought a commission for presenting a buyer willing to purchase a restaurant property, but the seller's attorney refused to approve the closing documents due to multiple substantive objections. The court held that because the sales contract was contingent on a
• MacFadden Holdings, Inc. v. JB Acquisition Corp.
  802 F.2d 62· 2d Cir.· 1986-10-06 ·cited 2×
  The court held that Reliance did not violate Section 14(e) of the Williams Act by misrepresenting its intentions regarding the acceptance of shares for payment or the expiration of its tender offer and withdrawal rights.
• Tri-City Title Co. v. Yone Valero
  464 So. 2d 698· Fla. 2d DCA· 1985-03-08 ·cited 2×
  Tri-City Title Company appealed a judgment awarding Yone Valero $29,316.68 from a reinstated escrow account after Tri-City wrongfully disbursed $24,000 in escrowed funds to satisfy a bank lien on property owned by Valero and her former husband as tenants by the entireties. The ap
• Bourazak v. The N. River Ins. Co.
  379 F.2d 530· 7th Cir.· 1967-06-01 ·cited 2×
  The court held that the plaintiff failed to state a claim because he did not meet the policy's condition precedent of completing rebuilding within the specified time, and the insurer's partial denial of liability did not waive this condition.
• Hanover Realty Corp. v. Codomo
  95 So. 2d 420· Fla.· 1957-05-08 ·cited 2×
  A real estate broker sought a commission for arranging a potential 21-year lease of commercial space at a proposed shopping center. The trial court awarded the broker approximately $25,000 in commission based on finding that the broker had produced a ready, willing, and able tena
• Sidney S. Goosen in Bankr. of Yellowstone Clinic & Hosp., Inc. v. Indem. Ins. Co. of N. Am.
  234 F.2d 463· 6th Cir.· 1956-06-19 ·cited 2×
  The court held that the trustee's action was barred by the bond's 15-month limitation period for filing suit after discovery of the loss, and that there was no evidence of waiver by the insurer.
• Sardinas v. Miami Veterinary Specialists, P.A.
  S.D. Fla.· 2020-12-08
  The court held that the complaint adequately states claims for breach of contract and breach of the implied covenant of good faith and fair dealing, and that it has subject matter jurisdiction.
• Phoenix Trinity Mfg., Inc v. Granite State Ins. Co.
  M.D. Fla.· 2020-09-17
  An insured's failure to submit to an examination under oath and provide a verified proof of loss constitutes a material breach of conditions precedent, barring the insured from filing suit.
• B&C Holdings, Inc.
  Del. Super. Ct.· 2020-04-22
  The Court held that the July 2017 email constituted the "Principal Statement" under the promissory note, establishing the principal amount as $6,000,000. The Court found that the note's language unambiguously defined a Principal Statement as any statement setting forth the calcul
• IN & FOR Sussex Cnty. Donna Ewell & Gary Ewell v. State of Del.
  Del. Super. Ct.· 2010-07-30
  The court denied both parties' motions for summary judgment, finding that while the plaintiffs breached a clear and unambiguous condition in their insurance policy by failing to place fire extinguishers on each level of the dwelling during renovation, material questions of fact r
• In & for Sussex Cnty. Georgetown Crossing LLC
  Del. Ch.· 2006-12-05
  The Court of Chancery denied the Purchaser's application for specific performance, finding that the Purchaser had effectively terminated the agreement by its conduct regarding title defects. The Court determined that while the Defendants had a duty to subdivide the property, the
• Bluff Ventures Ltd. P'ship v. Chicago Title Ins. Co.
  950 F.2d 139· 4th Cir.· 1991-11-13
  The court held that the insured suffered a loss covered by the title insurance policy at the time of purchase, and the insurer's denial of coverage excused the insured's failure to obtain consent before settling claims.
• Edens v. Goodyear Tire & Rubber Co.
  858 F.2d 198· 4th Cir.· 1988-09-29
  A breach of contract accompanied by a fraudulent act requires proof of reliance on the misrepresentation, and without such proof, punitive damages cannot be awarded.
• Chrysler Motors Corp. v. Fla. Nat'l Bank AT Gainesville
  382 So. 2d 32· Fla. 1st DCA· 1979-10-19
  Chrysler sought payment from Florida National Bank on 16 drafts totaling $269,910.57 drawn under letters of credit for recreational vehicle chassis sold to Recreational Enterprises Corporation. The trial court allowed payment on only one draft, but the appellate court reversed, h