JOE CECIL GORDON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• ST. JOE Corp. v. McIVER, 875 So. 2d 375 (Fla. 2004)
  …t. See Binninger v. Hutchinson, 355 So. 2d 863 (Fla. 1st DCA 1978); United Contractors, Inc. v. United Constr. Corp., 187 So. 2d 695 (Fla. 2d DCA 1966). Moreover, the modification must be supported by proper consideration. See, e.g., Wilson v. Odom, 215 So. 2d 37 (Fla. 1st DCA 1968). In this case, genuine issues of material fact remain about whether St. Joe and Mclver modified the brokerage agreement to authorize Mclver to pursue a State condemnation of the property as a viable alternative to a sale. Althou…
• JAY VEE Realty Corp. v. Jaymar Acres, Inc., 436 So. 2d 1053 (Fla. 4th DCA 1983)
  …defendant to raise delay as a defense to specific performance, the defendant himself must have performed or offered to perform all terms of the contract. Tate v. Pensacola, Gulf Land & Development Co., 37 Fla. 439, 20 So. 542 (1896); Wilson v. Odom, 215 So. 2d 37 (Fla. 1st DCA 1968); Thoelke v. Morrison, 172 So. 2d 604 (Fla. 2d DCA 1965). Appellant has not demonstrated that it ever provided or tendered an abstract of title, as required by the contract of sale. Appellants did not raise lack of mutuality of r…
• ALY Handbags, Inc. v. Ira Rosenfeld, 334 So. 2d 124 (Fla. 3d DCA 1976)
  …t receiving commissions on house accounts and cash sales. Second, it is a fundamental principle of law that modification of a contract cannot be made by one party to the contract without the assent of the other party. Wilson v. Odom, Fla.App. 1968, 215 So. 2d 37, 39. The undisputed evidence reflects that defendants never made available to plaintiff any invoices as to the cash sales (on many of which no invoices were drawn up) and house accounts. The defendants having concealed this information, it cannot be…

Authorities Cited

• State v. Jones, 204 So. 2d 515 (Fla. 1967)
• Burton v. State, 128 So. 2d 765 (Fla. 2d DCA 1961)