CHARLES T. MCCRIMMON, PLAINTIFF IN ERROR,
v.
JAMES T. BRUNDAGE AND CHAS. W. MILLER, PARTNERS, DOING BUSINESS UNDER THE FIRM NAME AND STYLE OF THE MIAMI TRANSFER COMPANY, DEFENDANTS IN ERROR

Fla. | 1907-01-01
All concur, except Whitfield, J., who dissents. '
53 Fla. 478 Florida Supreme Court (1907) Positive Treatment
Cited by 4 cases
Opinion of the Court
Per Curiam :

Per Curiam :

The plaintiffs declared upon a “contract which was oral, but which the defendants agreed to reduce to writing, and which was reduced to writing,” to which a plea was interposed denying the contract in the language of the declaration. Issue was joined upon this plea, and at the conclusion of the evidence a verdict was directed for the defendant.

An oral contract which is agreed to be reduced to writing is not complete until fully executed by delivery. 9 Cyc. 280 and cases cited.

•The evidence was conclusive that there was no delivery of the written contract, and such also is the admission in a replication filed to other pleas. There was, therefore, no error in directing the' verdict, and the judgment thereon is affirmed.

All concur, except Whitfield, J., who dissents. '

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Ocala Cooperage Co. v. Fla. Cooperage Co., 59 Fla. 394 (Fla. 1910)
    …e agreement is incomplete. And where parties intend that their verbal negotiations shall be reduced to writing as the evidence of the terms of their agreement, there is nothing binding on them until the writing is executed. McCrimmon v. Brundage, 53 Fla. 478, 43 South. Rep. 431; 9 Cyc. 280, and cases cited. While it is true that where parties orally agree upon the terms of a contract, and there is a final assent thereto, [*399] so that no variation can be introduced iqto the writing except by mutual c…
  • Fla. Bd. OF Regents v. Edward M. Fleming Constr. Co., Inc., 204 So. 2d 228 (Fla. 3d DCA 1967)
    …[*229] PER CURIAM. Affirmed on the authority of McCrimmon v. Brundage, 53 Fla. 478, 43 So. 431; Strong & Trowbridge Co. v. H. Baars & Co., 60 Fla. 253, 54 So. 92; Vaughn-Griffin Packing Co. v. Fisher, 141 Fla. 428, 193 So. 553; Winn-Dixie Stores, Inc. v. Sellers, Fla.App. 1964, 161 So. 2d 251; Orbit Construction Company v. Trail D…

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