HARRY J. COLLINS AND ANNA M. COLLINS, HIS WIFE, HAMILTON ROEBUCK AND ANICE E. ROEBUCK, HIS WIFE, JOSEPH LENOIR AND KATY LENOIR, HIS WIFE, AND FRANK V. MOORE AND OPAL MOORE, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, APPELLANTS,
v.
PIC-TOWN WATER WORKS, INC., AND MORTON W. FLANNERY, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Homeowners in a mobile home subdivision sought to enjoin a water company from imposing increased charges, claiming they relied on representations that maintenance fees would be reduced when trailers were unoccupied. The court affirmed the trial court's denial of injunctive relief and specific performance, holding that even if such a contract existed, it was terminable at will upon reasonable notice because no definite duration was specified.
The court affirmed the denial of injunctive relief and specific performance. Even assuming a binding contract existed, it was terminable at will upon reasonable notice because no definite period of time was expressed, understood, or implied between the parties. The water company's notice of the rate increase constituted valid termination of the contract.
“When a contract calls for the rendition of services and it is so incomplete that its intended duration cannot be determined by a fair inference from its terms, either party is ordinarily entitled to terminate it at will after reasonable notice of the intention to do so.”
Establishes the legal principle that indefinite service contracts are terminable at will.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiffs purchased mobile home lots and were induced by oral and written representations stating that water maintenance charges would be $5 per mont…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Contract Duration cases and more on FLexlaw
As plaintiffs in a class suit in the trial court the appellants sought an injunction and specific performance which were denied after a hearing on the merits.
The plaintiffs were purchasers of mobile home lots. They claimed they were in part induced to buy their lots by oral and written representations made by the subdividers to the effect- that there would be a reduced maintenance charge for water when the *762trailers were unoccupied. A brochure extolling the virtue of the subdivision contained, among other statements, the following: “There is a charge of $5 per month when trailer is occupied and $1.50 per month for each unoccupied trailer or vacant lot for the maintenance of shuffleboard courts, street lights and water and lights for the clubroom.”
Except as to plaintiff Moore all contracts or deeds conveying the lots were silent as to the above representations.
For about four and one-half years the subdividers and their successor, the water company, performed according to the above terms, after which the water company gave notice that there would thereafter be a $3.50 monthly minimum water charge whether a trailer was occupied or not.
The plaintiffs reacted by filing a complaint seeking to enjoin the water company from turning off the water of any lot owners who had not paid the new charges and asking for specific performance of the representations made to them during the course of their purchase of the lots.
From an order denying all relief the plaintiffs appeal. We affirm.
The chancellor set forth many reasons for his denial of the relief sought. We will discuss only one of them.
Plaintiffs contend that the brochures and other representations led them reasonably to understand that the reduced maintenance charge when there was no trailer occupation was an agreement which was to last an unlimited amount of time. They allege their purchase of the lots in reliance on the representations was consideration for this independent contract not to charge when trailers were vacant.
Even if it could be said that there existed such a binding contract between the parties, the question remains whether the plaintiffs have on appeal demonstrated abuse of the chancellor’s discretion in denying specific performance or an injunction. Bliss v. Holiock, Fla.App.1959, 113 So.2d 889; Chabot v. Winter Park Co., 1894, 34 Fla. 258, 15 So. 756.
When a contract calls for the rendition of services and it is so incomplete that its intended duration cannot be determined by a fair inference from its terms, either party is ordinarily entitled to terminate it at will after reasonable notice of the intention to do so. Childs v. City of Columbia, 1911, 87 S.C. 566, 70 S.E. 296; Town of Vinton v. City of Roanoke, 1954, 195 Va. 881, 80 S.E.2d 608. If a contract is one that is perpetual, it is not one to be enforced in equity; for under a decree of specific performance the court would assume an endless duty, inappropriate to its functions. Texas & Pacific Railroad Co. v. City of Marshall, 1890, 136 U.S. 393, 10 S.Ct. 846, 34 L.Ed. 385.
In light of the foregoing principles of law an examination of the alleged independent contract and the evidence in this case discloses that no definite period of time was expressed, understood, agreed upon or implied between the parties. Therefore, the only reasonable intention imputable to the parties is that the contract could be terminated upon the giving of reasonable notice to the other. Such notice was given by the water company. Thus the contract was terminated and was no longer enforceable by injunction or specific performance.
We do not construe the facts of the case at bar as giving rise to a “continuing consideration-continuing advantage” contract as was the case in City of Gainesville v. Board of Control, Fla.1955, 81 So.2d 514. There is no evidence of a continuing benefit flowing from each party to the other. Obviously, not to charge a maintenance cost when a trailer is unoccupied could not result in any continuing benefit to the water company. The plaintiffs’ contentions to the contrary are wholly inconsistent with their basic theory that this is an independent contract fully performed *763on their part by the purchasing of the lots.
The final decree denying the relief sought is affirmed.
SHANNON and KANNER (Ret.), JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cain v. Banka, 932 So. 2d 575 (Fla. 5th DCA 2006)…, the intention of the parties with respect to duration and termination is to be determined from the surrounding circumstances and by application of a reasonable construction of the agreement as a whole.... ”); Collins v. Pic-Town Water Works, Inc., 166 So. 2d 760 (Fla. 2d DCA 1964) (where contract is indefinite as to time, contract can last indefinitely until one of the parties gives reasonable notice of termination to the other). In this context, however, this principle of contract law collides with the re…
-
Mayor's Jewelers, Inc. v. State of Cal. Pub. Emps'. Ret. Sys., 685 So. 2d 904 (Fla. 4th DCA 1996)…Fla. 531, 154 So. 141, 142 (Fla.1934) (denying specific performance of an oil well drilling contract because of the “inability of the court to undertake supeivision of performance of such a contract”). See also Collins v. Pic-Town Water Works, Inc., 166 So. 2d 760 (Fla. 2d DCA 1964). Some of the courts have also denied these injunctions on the ground that the damages are purely economic and there is therefore an adequate remedy at law. 8600 Assocs.; Sizeler Property; see also Center Dev. Venture v. Kinney Sh…
-
Henthorn v. Tri Par Land Dev. Corp., 221 So. 2d 465 (Fla. 2d DCA 1969)…held a covenant running with the land unenforceable because its duration was not ascertainable and hence was a perpetual [*466] charge on the real property terminable at will under the doctrine of Collins v. Pic Town Water Works, Inc., Fla.App.1964, 166 So. 2d 760. The owners of lots in Trailer Estates received deeds subject to restrictions of record pursuant to contracts for deeds subject to restrictions of record. Recorded by the developer, appellee’s predecessor in title, was a comprehensive set of restric…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cilabot v. The Winter Park Co., 34 Fla. 258 (Fla. 1894)
- Tex. & Pac. Ry. Co. v. Marshall, 136 U.S. 393 (U.S. 1890)
- City OF Gainesville v. Bd. OF Control of the State of Fla., 81 So. 2d 514 (Fla. 1955)
- Bliss v. Robert M. Hallock and his wife, 113 So. 2d 889 (Fla. 3d DCA 1959)