ANTONIO U. SANCHEZ AND JOSE MANUEL BERENGUER, PETITIONERS,
v.
CRANDON WHOLESALE DRUG CO., A FLORIDA CORPORATION, RESPONDENT
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The Florida Supreme Court quashed a lower appellate court's decision that affirmed the dismissal of a complaint for breach of an oral contract. The court adopted the reasoning of another appellate decision, reinstating the complaint.
The Florida Supreme Court held that the District Court of Appeal, Third District, erred in affirming the dismissal. The court adopted the rule of decision from a conflicting appellate case.
“On conflict certiorari granted we here review a decision of the District Court of Appeal, Third District, affirming an order of the trial court dismissing a complaint in a claim for damages growing out of an alleged breach of an oral contract.”
Establishes the procedural posture and the nature of the case being reviewed.
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Join FLexlaw to unlock all legal intelligenceThe petitioners (Sanchez and Berenguer) filed a claim for damages due to an alleged breach of an oral contract. The trial court dismissed the complain…
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On conflict certiorari granted we here review a decision of the District Court of Appeal, Third District, affirming an order of the trial court dismissing a complaint in a claim for damages growing out of an alleged breach of an oral contract. The historical background, nature of the controversy, and questions of law presented and decided appear in the opinion of the District Court in Sanchez v. Crandon Wholesale Drug Co., 167 So.2d 640, and it would serve no useful purpose to repeat them here. The decision of the District Court was divided with a dissenting opinion by Judge Charles A. Carroll. This court has jurisdiction under Section 4(2), Article V, Constitution of Florida, F.S.A., because of a direct conflict on the same point of law with Florida-Georgia Chemical Co., Inc. v. National Laboratories, Inc., 153 So.2d 752, decided by the District Court of Appeal, First District.
Argument having been heard and upon further consideration of the record and briefs, it is our view that the case is controlled by the correct rule of decision announced in Florida-Georgia Chemical Co., Inc. v. National Laboratories, Inc., supra, by the District Court of Appeal, First District, and which we adopt as our view.
Accordingly, the decision of the District Court of Appeal, Third District, in this case is quashed with instructions that the cause be returned to the trial court with *688directions to reinstate the complaint and proceed further in a manner not inconsistent with this opinion.
It is so ordered.
DREW, C. J., and THOMAS, CALDWELL and ERVIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wright & Seaton, Inc. v. Prescott, 420 So. 2d 623 (Fla. 4th DCA 1982)…e lacking mutuality at its inception becomes binding on the promisor after performance by the promisee. (Footnotes omitted.) Not only does Florida follow that rule, Russell v. Martin, 88 So. 2d 315 (Fla.1956); Sanchez v. Crandon Wholesale Drug Co., 173 So. 2d 687 (Fla.1965), adopting Florida-Georgia Chemical Co. v. National Laboratories, Inc., 153 So. 2d 752 (Fla. 1st DCA 1963), but it is applicable under the circumstances of this case. If appellant continued to employ appellee, the latter promised that upo…
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R.W. Roberts Constr. Co., Inc. v. ST. Johns River Water Mgmt. Dist. for the Use & Benefit of McDonald Elec. & Repair Serv., Inc., 423 So. 2d 630 (Fla. 5th DCA 1982)…39. In Florida, arbitration agreements are contractual and therefore they must fulfill the requirements of a contract. 4 Fla.Jur. Arbitration and Award § 8 (1978). Mutuality of obligation is a requirement, see Sanchez v. Crandon Wholesale Drug Co., 173 So. 2d 687 (Fla.1965), although the means of enforcement may differ without necessarily affecting reciprocal obligations. Bacon v. Karr, 139 So. 2d 166 (Fla. 2d DCA 1962). In effect, Roberts is alleging that the trial court departed from the essential require…
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Ponce Dev. Co. v. Espino, 449 So. 2d 317 (Fla. 3d DCA 1984)…obligation at its inception in that the promisor’s (Ponce’s) duty under the agreement was optional. As long as the contract remained a bilateral executory agreement it was unenforceable against the Espinos. See Sanchez v. Crandon Wholesale Drug Co., 173 So. 2d 687 (Fla.1965), adopting Florida-Georgia Chemical Co. v. National Laboratories, Inc., 153 So. 2d 752 (Fla. 1st DCA 1963); Allington Towers North, Inc. v. Rubin, 400 So. 2d 86 (Fla. 4th DCA 1981). But when the contract became executed by the promisor’s f…
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
- Florida-Georgia Chem. Co., Inc. v. Nat'l Labs., Inc., 153 So. 2d 752 (Fla. 1st DCA 1963)
- Sanchez v. Crandon Wholesale Drug Co., 167 So. 2d 640 (Fla. 3d DCA 1964)
- Sanchez v. Crandon Wholesale Drug Co., 174 So. 2d 780 (Fla. 3d DCA 1965)