BORDEN

v.

SAKOLSKY

Citator

Cited By (17 total)

• Linear Corp. & S of L Elecs., Inc. v. Standard Hardware Co., 423 So. 2d 966 (Fla. 1st DCA 1982)
  …la. 5th DCA 1980); Barile Excavating, supra; Fletcher v. Laguna Vista Corp., 275 So. 2d 579 (Fla. 1st DCA 1973) cert. denied 281 So. 2d 213 (Fla.1973). See also Doral Country Club, Inc. v. Curcie Bros., 174 So. 2d 749 (Fla. 3d DCA 1965) cert. denied 180 So. 2d 656 (Fla.1965); Vitra-Spray of Florida, Inc. v. Gumenick, 144 So. 2d 533 (Fla. 3d DCA 1962). This concept is consistent with the waiver provision of Section 672.209(4). In the present case, the evidence as to the parties’ conduct supports finding both…
• Md. Maint. Serv., Inc. v. Vittorio Palmieri and Bertha Palmieri, 559 So. 2d 74 (Fla. 3d DCA 1990)
  …) (“the actions of the parties may be considered as a means of determining the interpretation that they themselves have placed upon the contract”); Doral Country Club, Inc. v. Curcie Brothers, Inc., 174 So. 2d 749 (Fla. 3d DCA) (same), cert. denied, 180 So. 2d 656 (Fla.1965); see also Restatement (Second) of Contracts §§ 219-223 (1979). Both Calder and Maryland Maintenance agree that Maryland Maintenance was entirely in compliance with its obligations under the contract.3 In the present case it is undisputed…
• Flagship Nat'l Bank v. Gray Distrib. Sys., Inc., 485 So. 2d 1336 (Fla. 3d DCA 1986)
  …ircumstances, a written agreement may be modified by a course of dealings, Linear Corp. v. Standard Hardware Co., 423 So. 2d 966, 968 (Fla. 1st DCA 1982); Doral Country Club, Inc. v. Curcie Brothers, Inc., 174 So. 2d 749 (Fla. 3d DCA), cert. denied, 180 So. 2d 656 (Fla.1965); however, when a course of dealings and the express terms of an agreement appear to conflict, the practice of the parties and the agreement must be construed, wherever reasonable, as consistent with each other. § 671.205(4), Fla.Stat. (19…

Authorities Cited

• Borden v. Sakolsky, 175 So. 2d 209 (Fla. 3d DCA 1965)