C. E. COOPER, PLAINTIFF IN ERROR,
v.
GENERAL COMMERCIAL SECURITIES CORPORATION, A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, DEFENDANT IN ERROR
C. E. COOPER, PLAINTIFF IN ERROR,
GENERAL COMMERCIAL SECURITIES CORPORATION, A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, DEFENDANT IN ERROR
105 Fla. 670
Florida Supreme Court (1932)
Positive Treatment
Also reported at: 142 So. 242
Cited by 11 cases
Opinion of the Court
This cause having heretofore been submitted to the Court upon the transcript of the record of *671the judgment herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said judgment; it is, therefore, considered, ordered and adjudged by the Court that the said judgment of the Circuit Court be and the same is herbey affirmed.
“Whitfield, P. J., and Terrell and Davis, J.J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Alexander v. Kirkham, 365 So. 2d 1038 (Fla. 3d DCA 1978)…or defensive, although the failure may have resulted from a mistake as to the legal meaning and operation of the terms or language employed in the writing.” [emphasis supplied] Accord: Heisler v. Florida Mortgage Title & Bonding Co., 105 Fla. 657, 142 So. 242 (1932); Niagara Fire Ins. Co. v. Allied Electrical Co., 319 So. 2d 594 (Fla. 3rd DCA 1975); 13 S. Williston, Law of Contracts, § 1585 (3rd ed. 1970); 3 A. Corbin on Contracts, § 619 (1960 rev.). We think this rule is directly applicable to the case…
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Clifton v. Clifton, 553 So. 2d 192 (Fla. 5th DCA 1989)
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Howard v. Howard, 467 So. 2d 768 (Fla. 1st DCA 1985)…as intended to express, it must appear that the instrument did not represent the agreement of the parties at the time it was executed. 76 C.J.S., Reformation of Instruments, § 20 (1952); Heisler v. Florida Mortgage Title & Bonding Co., 105 Fla. 657, 142 So. 242 (1932). As a general rule, if the written agreement is ambiguous, so that the intent of the parties cannot be understood from a mere inspection of the instrument, extrinsic evidence showing the facts and circumstances surrounding the making of the a…
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