ATLAS MOVING & STORAGE WAREHOUSES, INC., A FLORIDA CORPORATION, PETITIONER,
v.
TRULY NOLEN, INC., A FLORIDA CORPORATION, RESPONDENT
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The court held that the district court's decision did not present an irreconcilable conflict with prior precedent necessary for certiorari jurisdiction.
Petitioner sued for declaratory relief based on an agreement. The district court reversed the trial court's award of damages, finding the agreement to…
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Writ of certiorari has issued herein for alleged conflict with decisions of this Court in Walker & McClellana v. Chancey, 96 Fla. 82, 117 So. 705, and DeVore v. Lee, 158 Fla. 608, 30 So.2d 924.
The decision of the district court in this, cause1 was simply that the agreement between the parties, which formed the basis for petitioner’s original action for declaratory relief, was so ambiguous and indefinite as to be unenforceable. Upon this theory the chancellor’s finding for plaintiff-lessor, the petitioner, awarding damages and excusing performance because of repudiation by lessee, was reversed. It is clear from the opinion that the court’s conclusions as to ambiguity were not confined to that resulting from lessee’s failure to furnish advertising copy for the sign contemplated by the parties, but instead related to lack of specifications by which performance might be objectively measured.
Without regard to its propriety upon the record and language construed, the decision-does not conflict with the cited cases upon the point of law involved. Neither relates-to the necessity for delineation of terms in-such agreements, and could not in any event give rise to conflict upon such an-established principle of law in the absence-of contrary conclusions upon similar factual situations.2 The petitioner, upon full-consideration, falls short of the showing of irreconcilable precedents essential to the exercise of our jurisdiction in this area.3
Writ discharged.
ROBERTS, C. J., and TERRELL,. THOMAS, HOBSON, THORN AL and O’CONNELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Blackhawk Heating & Plumbing Co., Inc. v. Data Lease Fin. Corp., 302 So. 2d 404 (Fla. 1974)…ismissing the suit for specific performance was in conflict with the above decisions, and we have jurisdiction. Data Lease relies upon Truly Nolen, Inc. v. Atlas Moving and Storage Warehouse, Inc., 125 So. 2d 903 (Fla.App.3d, 1961), writ discharged 137 So. 2d 568 (Fla.1962), which holds that if an agreement is so vague and uncertain in the specifications of the subject matter that the Court cannot identify that subject matter or determine its quality, quantity or price, it will be unenforceable. This case in…
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Jacksonville Port Auth. v. W.R. Johnson Enters., Inc., 624 So. 2d 313 (Fla. 1st DCA 1993)…, quantity, or price may preclude the finding of an enforceable agreement. See Blackhawk Heating and Plumbing Co., Inc. at 408, citing Truly Nolen, Inc. v. Atlas Moving and Storage Warehouse, Inc., 125 So. 2d 903 (Fla. 3d DCA1961), cert. discharged, 137 So. 2d 568 (Fla.1962). Where the parties are continuing to negotiate as to these essential terms, there can be no meeting of the minds. Central Properties, Inc. v. William H. Robbinson, 450 So. 2d 277, 280 (Fla. 1st DCA 1984), modified, 468 So. 2d 986 (Fla.19…
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MAY v. Sessums & Mason, P.A., 700 So. 2d 22 (Fla. 2d DCA 1997)…DCA 1993) [“Where essential terms of an agreement remain open, subject to future negotiations, there can be no enforceable contract”]; Truly Nolen, Inc. v. Atlas Moving & Storage Warehouses, Inc., 125 So. 2d 903 (Fla. 3d DCA 1961), cert. discharged, 137 So. 2d 568 (Fla. 1962). On the issue of the adequacy of the Ses-sums/May contract to obligate Mrs. May to any additional fee, we find the case of Fremon v. W.A. Sheaffer Pen Co., 209 F. 2d 627 (8th Cir.1954), even though it dealt with an oral contract, partic…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ansin v. Thurston, 101 So. 2d 808 (Fla. 1958)
- Walker v. Chancey, 96 Fla. 82 (Fla. 1928)
- DeVORE v. LEE, 158 Fla. 608 (Fla. 1947)
- Fla. Power & Light Co. v. Bell, 113 So. 2d 697 (Fla. 1959)
- Truly Nolen, Inc. v. Atlas Moving & Storage Warehouses, Inc., 125 So. 2d 903 (Fla. 3d DCA 1961)
- Burke v. Hunt, 158 Fla. 608 (Fla. 1947)
- Williams v. Noel, 112 So. 2d 5 (Fla. 1959)