KLOSTERS REDERI A/S, A NORWEGIAN CORPORATION, DOING BUSINESS AS NORWEGIAN CARIBBEAN LINES, APPELLANT,
v.
JAMAICA SUN TOURS, LTD., A JAMAICAN CORPORATION, APPELLEE

Fla. 3d DCA | 1972-12-12
No. 72-40
Before BARKDULL, C. J., and CHARLES CARROLL and HENDRY, JJ.
270 So. 2d 466 Florida District Court of Appeal, Third District (1972) Positive Treatment
Cited by 2 cases

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.


Holding

The court held that there was sufficient competent evidence to support the jury's finding of an oral contract and that the evidence regarding lost profits was sufficient for the jury's consideration.


Headnotes

[1] Competent and substantial evidence can support a finding that parties entered into an oral contract.

[2] Loss of anticipated profits from the interruption of an established business may be recovered if the plaintiff makes the amount of actual loss reasonably certain by compe…

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Plaintiff Jamaica Sun Tours alleged an oral contract with defendant cruise line to be its exclusive tour agent in Jamaica. Plaintiff claimed it perfor…

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.


Opinion of the Court
PER CURIAM.

PER CURIAM.

In an action ex contractu, a verdict was rendered in favor of the plaintiff for $7,200. Judgment was entered thereon. Motion of the defendant for new trial was denied. The defendant appealed.

In the complaint filed by the appellee Jamaica Sun Tours, Ltd., a Jamaican corporation, it was alleged that the plaintiff was engaged in the business of arranging tours by motor coach through the Island of Jamaica, for visiting tourists; that the defendant operated certain cruise vessels which stopped at ports of the Island; that in December of 1969 the parties entered into *467an oral contract, to be effective from December 20, 1969, through December 1, 1970, whereby plaintiff was made exclusive tour agent for the defendant there; that a stated consideration was the undertaking by plaintiffs “to improve all the tours which had been previously offered to passengers of the (vessel) Starward,” with a provision in the contract that the defendant would collect the price of the tours from its passengers and remit the same to the plaintiff less 15% thereof.1

The plaintiff alleged performance “of all the things required to be done by it pursuant to the contract, including the placing of a $12,000.00 deposit to purchase three additional motor coaches,” and alleged the defendant breached the contract by terminating it on April 30, 1970, “arbitrarily and without justifiable cause.” In one count the plaintiff sought damages for the claimed breach of contract. , In a second count wherein it was alleged that the defendant had failed to remit to plaintiff all of the monies (tour fees) collected by it on behalf of plaintiff from persons using the tours, the plaintiff sought a determination of the amount unpaid and judgment therefor.

By answer the defendant denied “there was an oral contract as alleged,” and denied plaintiff’s allegation of performance. The defendant admitted having advised plaintiff of termination of its services, but denied that the termination of services was arbitrary or without justifiable cause. Also denied was the allegation that defendant had failed to remit any tour fees to which the plaintiff was entitled.

The appellant argues the evidence was insufficient to prove the alleged contract, and was insufficient to form a basis for recovery of loss of anticipated profits as an element of damage; that the trial court erred by certain rulings on the admissibility of evidence, and in refusing to give a requested charge relating to damages.

Upon consideration of appellant’s contention of insufficiency of the evidence, in the light of the record and briefs, we hold that contention is without merit. There was competent substantial evidence to support a finding that the parties entered into the oral contract alleged. Also, we hold the evidence relating to loss of anticipated profits was sufficient for its consideration as an element of damage, under the law applicable thereto. In New Amsterdam Casualty Co. v. Utility Battery Mfg. Co., 122 Fla. 718, 166 So. 856, 860, the Supreme Court said:

“ * * * The general rule is that the anticipated profits of a commercial business are too speculative and dependent upon changing circumstances to warrant a judgment for their loss. There is an exception to this rule, however, to the effect that the loss of profit from the interruption of an established business may be recovered where the plaintiff makes it reasonably certain by competent proof what the amount of his actual loss was. Proof of the income and of the expenses of the business for a reasonable time anterior to the interruption charged, or facts of equivalent import, is usually required. * * * ”

*468See also Welbilt Corporation v. All State Distributing Co., Inc., Fla.App.1967, 199 So.2d 127; 11 Williston on Contracts, Third Edition, 1968, § 1346A, pp. 249-250.

We find no reversible error in the challenged rulings of the court relating to admission or exclusion of evidence and refusal of requested jury charge.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Armao v. McKenney, 218 So. 3d 481 (Fla. 4th DCA 2017)
    …(1939). An appellate court reviews a trial court’s factual findings for competent substantial evidence. Griffin Indus., LLC v. Dixie Southland Corp., 162 So. 3d 1062, 1066 (Fla. 4th DCA 2015); see also Klosters Rederi A/S v. Jamaica Sun Tours, Ltd., 270 So. 2d 466, 467 (Fla. 3d DCA 1972). “An oral contract ... is subject to the basic requirements of contract law such as offer, acceptance, consideration and sufficient specification of essential terms.” St. Joe Corp. v. McIver, 875 So. 2d 375, 381 (Fla. 2004).…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw