A. J. KERSHAW, PLAINTIFF IN ERROR,

v.

THE STATE OF FLORIDA, DEFENDANT IN ERROR

Citator

Cited By (12 total)

• Livingston v. Malever, 103 Fla. 200 (Fla. 1931)
  …igation does not amount to the substitution of a new contract, and in the case of a condition precedent, is equivalent to [*207] the performance thereof at the stipulated time, and leaves the original contract intact. 13 C. J. 673; Carr v. Stockton, 84 Fla. 69, 92 So. 814. In our former opinion in this ease, we cited 9 C. J. 623, which reads as follows: “As a general rule, where a broker finds a customer able and willing to enter into a transaction on the terms proposed by the principal, he cannot, unles…
• Nat'l Merchandise Co., Inc. v. United Serv. Auto. Ass'n & Jerome C. Cohan & Lyndia Cohan Boyd, 400 So. 2d 526 (Fla. 1st DCA 1981)
  …ct of insurance entered into to protect risks in such trade.” 13 Appleman, Insurance Law and Practice, § 7388 at 189 (1976). Commercial transactions and contracts should be interpreted in light of custom or trade usage. Carr v. Stockton, 84 Fla. 69, 92 So. 814, 815 (1922); Fred S. Conrad Construction Co. v. Exchange Bank, 178 So. 2d 217, 221 (Fla. 1st DCA 1965). Since we are also confronted, as we have indicated, with the statutory policy pronouncements that auto insurance coverage is extended to accident…
• Fred S. Conard Constr. Co. v. Exch. Bank of St. Augustine, 178 So. 2d 217 (Fla. 1st DCA 1965)
  …An established custom or trade usage respecting a commercial transaction may annex incidents to a written contract, and a contract involving such a transaction should be interpreted in the light of such custom or usage. Carr v. Stockton, 84 Fla. 69, 92 So. 814 (1922). The responsibility for deciding facts presented as to such custom or trade usage is normally one to be submitted to a jury rather than to be determined by a court in summary proceedings such as was had in the instant cause. The facts present…