DANIEL SYSTEMS, INC., A FLORIDA CORP., AND R. DIXON SPEAS, APPELLANTS,
v.
PAUL D. CARSWELL, APPELLEE
DANIEL SYSTEMS, INC., A FLORIDA CORP., AND R. DIXON SPEAS, APPELLANTS,
PAUL D. CARSWELL, APPELLEE
372 So. 2d 201
Florida District Court of Appeal, Third District (1979)
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Cited by 4 cases
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Opinion of the Court
PER CURIAM.
We affirm the judgment below on the authority of the rule stated in Florida Moss Products Co. v. City of Leesburg, 93 Fla. 656, 112 So. 572, 574 (1927):
“Where the consideration sought to be shown by parol is purely contractual in its character and imposes upon one of the parties an additional contractual obligation repugnant to the plain terms of the written contract, parol proof may not be resorted to for the purpose of enforcing such additional obligation, since parol evidence is no more admissible to vary or add to the written instrument in that respect than it is in any other.”
Accord: Mallard v. Ewing, 121 Fla. 654, 164 So. 674 (1936); Bond v. Hewitt, 111 Fla. 180, 149 So. 606 (1933); Whitehead v. Rowland, 352 So. 2d 128 (Fla. 2d DCA 1977), cert. denied, 359 So. 2d 1218 (Fla.1978); Maszewski v. Piskadlo, 318 So. 2d 226 (Fla. 2d DCA 1975).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Katz, 402 So. 2d 1184 (Fla. 1981)…PER CURIAM. By petitions for writs of certiorari the state seeks review of two decisions, State v. Katz, 372 So. 2d 201 (Fla. 3d DCA 1979), and State v. Witherspoon, 366 So. 2d 487 (Fla. 3d DCA 1979), which allegedly conflict with prior decisions of this Court. Art. V, § 3(b)(3), Fla.Const. Although prosecuted separately in both the trial courts and district court of…
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State v. Mayor, 378 So. 2d 1324 (Fla. 3d DCA 1980)…SCHWARTZ, Judge (specially concurring). In my judgment, this case is not meaningfully distinguishable from either State v. Witherspoon, 366 So. 2d 487 (Fla.3d DCA 1979) or State v. Katz, 372 So. 2d 201 (Fla.3d DCA 1979).1 Because, however, I agree with Judge Hubbart’s dissenting opinions in those cases, I concur in the decision to reverse the judgment below. . The supreme court has granted petitions for direct conflict certiorari in both Withersp…
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State v. Katz, 406 So. 2d 124 (Fla. 3d DCA 1981)…PER CURIAM. WHEREAS, the judgment of this court was entered on June 26, 1979 (372 So. 2d 201) affirmed the order of the circuit court of Dade County, Florida, in the above styled cause; and WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment filed July 30, 1981 and mandate n…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mallard v. Ewing, 121 Fla. 654 (Fla. 1935)
- Fla. Moss Prods. Co. v. City of Leesburg, 93 Fla. 656 (Fla. 1927)
- Bond v. Hewitt, 111 Fla. 180 (Fla. 1933)
- Maszewski v. Piskadlo, 318 So. 2d 226 (Fla. 2d DCA 1975)
- Whitehead v. Euphemia M. Rowland, 352 So. 2d 128 (Fla. 2d DCA 1977)