GEORGE SEYMORE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (28 total)

• Johnson v. Johnson, 403 So. 2d 1388 (Fla. 2d DCA 1981)
  …l agreement may modify a written agreement if the parties have accepted the oral agreement and acted upon it in such a manner as would work a fraud on either party in the event the court refused to enforce it. Professional Insurance Corp. v. Cahill, 90 So. 2d 916 (Fla.1956); Harris v. Air Conditioning Corp., 76 So. 2d 877 (Fla.1955). These cases are beside the point because they refer to the rule that a subsequent parol agreement can always modify a written agreement. 3 S. Gard, supra, § 16:10, at 101. The o…
• King Partitions & Drywall, Inc. v. Donner Enters., Inc., 464 So. 2d 715 (Fla. 4th DCA 1985)
  …ither party to refuse to enforce it_ An oral modification under these circumstances is permissible even though there was in the written contract a provision prohibiting its alteration except in writing. Professional Insurance Corporation v. Cahill, 90 So. 2d 916, 918 (Fla.1956). Accord Pan American Engineering Company v. Poncho’s Construction Company, 387 So. 2d 1052 (Fla. 5th DCA 1980); Wiener v. Wiener, 343 So. 2d 1319 (Fla. 3d DCA 1977); Doral Country Club, Inc. v. Curcie Brothers, Inc., 174 So. 2d 749 (…
• In re Standard Jury Instructions-Contract & Bus. Cases, 116 So. 3d 284 (Fla. 2013)
  …aud on either party to refuse to enforce it ... An oral modification under these circumstances is permissible even though there was in the written contract a provision prohibiting its alteration except in writing.” Professional Ins. Corp. v. Cahill, 90 So. 2d 916, 918 (Fla.1956). 4. “[T]he actions of the parties may be considered as a means of determining the interpretation that they themselves have placed upon the contract.” Lalow v. Codorno, 101 So. 2d 390 (Fla.1958). 5. “A written contract can be modifi…

Authorities Cited

• Rowe v. State, 87 Fla. 17 (Fla. 1924)
• WAY v. State, 67 So. 2d 321 (Fla. 1953)