BINZ

v.

HELVETIA FLORIDA ENTERPRISES, INC.

Citator

Cited By

• Anne Narus v. Narus, 382 So. 2d 144 (Fla. 4th DCA 1980)
  …prom [*146] ise to pay a sum of money is given in exchange for a promise to perform a service, the consideration fails if the services are not performed. Binz v. Helvetia Florida Enterprises, Inc., 156 So. 2d 703 (Fla. 3d DCA 1963), appeal dismissed 379 U.S. 12, 85 S.Ct. 117, 13 L.Ed.2d 24 (1964). The sole consideration for appellant’s agreement to relinquish part of her legal entitlement to the marital residence was appellees’ promise not to seek legal recourse against her, that is, “. . .to avoid any of…
• Rose Printing Co. v. Haggerty, 584 So. 2d 606 (Fla. 1st DCA 1991)
  …t manager in November, 1988. He thereby breached the contract by abandonment or failed consideration or performance. In Binz v. Helvetia Fla. Enter., 156 So. 2d 703, 704 (Fla. 3d DCA 1963), cert. denied, 162 So. 2d 665 (Fla.), appeal dismissed mem., 379 U.S. 12, 85 S.Ct. 117, 13 L.Ed.2d 24 (1964), reh’g denied mem., 379 U.S. 917, 85 S.Ct. 266, 13 L.Ed.2d 189 (1964), our sister court held: It is axiomatic that where a promise to pay a sum of money is made upon the consideration of a promise to perform a ce…
• Singleton v. Foreman, 435 F.2d 962 (5th Cir. 1970)
  …Fla.App. 1958, 103 So. 2d 693; Pinellas Central Bank & Trust v. International Aerodyne, Inc., Fla.App.1970, 233 So. 2d 872. In Binz v. Helvetia Florida Enterprises, Inc., Fla.App.1963, 156 So. 2d 703, 704, cert. denied, 162 So. 2d 665, appeal dism. 379 U.S. 12, 85 S.Ct. 117, 13 L.Ed.2d 24, the Florida court stated the applicable rule: “It is axiomatic that where a promise to pay a sum of money is made upon the consideration of a promise to perform certain service, the consideration fails if the services…