Williston On Contracts

11 Florida cases classified under this topic · sorted by citation count · browse and sort

• Mary A. Schwartz under the Last Will and Testament of Samuel H. Schwartz v. S.S. Nassau
  345 F.2d 465· 2d Cir.· 1965-05-07 ·cited 10×
  A contract clause requiring suit commencement and process service within one year is valid under 46 U.S.C. § 183b, even if admiralty rules differ on commencement.
• Gen. Motors Corp. v. Keener Motors, Inc.
  194 F.2d 669· 6th Cir.· 1952-02-14 ·cited 10×
  The court held that the correspondence and communications between the parties did not constitute a binding legal obligation because essential terms remained to be settled and the parties contemplated a future agreement.
• Cristobal C. Hines v. Perez
  242 F.2d 459· 9th Cir.· 1957-01-29 ·cited 6×
  The court held that even if contract provisions for determining stock value were too indefinite to enforce, the seller could recover the reasonable value of the stock under quasi-contract principles because the buyer retained and benefited from the stock.
• Edgewater Beach Corp. v. Sugarman
  153 Fla. 555· Fla.· 1943-10-08 ·cited 3×
  The court held that the exchanged correspondence constituted a valid and binding contract, despite one party having alternative proposals, because the promisee (plaintiff) had the option to fix the promisor's (defendant's) obligation.
• Royall Nat'l Bank of Palestine v. The United States
  566 F.2d 1151· Ct. Cl.· 1977-12-14 ·cited 2×
  The court held that the plaintiff bank's failure to provide timely written notice of default to the SBA, as required by the loan guaranty agreement, barred its claim for the SBA to purchase the guaranteed portion of the loan.
• DE Angelis Coal Co. v. The Sharples Corp.
  231 F.2d 1· 9th Cir.· 1956-03-12 ·cited 2×
  The court held that the shipment of the machine by DeAngelis was not an unequivocal acceptance of Sharpies' offer to take it back at a cancellation charge.
• Burnham v. Louis Meyers & SON, Inc.
  172 F.2d 84· 2d Cir.· 1949-01-28 ·cited 2×
  The court held that the salesman was not entitled to commissions on orders not shipped or paid for, as the contract implied payment only upon customer payment.
• Elan Corp., PLC v. Andrx Pharms., Inc.
  272 F. Supp. 2d 1325· S.D. Fla.· 2003-03-24 ·cited 1×
  The court held that Elan's patent is invalid due to the on-sale bar because Elan commercially offered to sell an embodiment of its patent more than one year prior to the patent's filing date.
• Cole v. Barlar Enters., Inc.
  35 F. Supp. 2d 891· M.D. Fla.· 1999-01-15
  The court held that the federal tax lien did not attach to the interpled funds because the insurance policy provision effectively assigned the right to attorneys' fees and costs to the insurer, making the funds the insurer's property, not the taxpayer's. The court also ordered th
• Diaz v. DR. Bertram P. Shapiro, P.A.
  605 So. 2d 966· Fla. 3d DCA· 1992-10-06
  Dr. Diaz was hired under a one-year renewable employment contract that automatically renewed unless notice was given by June 15, 1989. After unsuccessful renegotiation, Diaz resigned five days into the second year without giving advance notice. The employer sued for breach and re
• Plavec v. Burch
  310 F.2d 337· 10th Cir.· 1962-10-31
  The court held that an option to sell, conditioned on the termination of another agreement, is not a 'bona fide offer to purchase' that triggers a prior optionee's right of first refusal.