MILTON GREEN, APPELLANT,
v.
ROYAL PALM BEACH COLONY, INC., APPELLEE
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A letter stating employment for seasonal months over three years was insufficient to satisfy the statute of frauds because it lacked essential terms.
Plaintiff appealed a summary judgment granted to the defendant, arguing a letter constituted a sufficient writing to satisfy the statute of frauds. Th…
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CARROLL, Judge.
This appeal is by the plaintiff below from a summary judgment entered in favor of the defendant. The ground upon which the judgment was based was that the contract declared upon was barred by the statute of frauds, § 725.01 Fla.Stat., F. S.A. Relied upon by the plaintiff to satisfy the statute of frauds was a letter to him from the defendant, as follows:
“This is to serve as a formal understanding between Royal Palm Beach Colony, Inc. and yourself that you will be in the employ of Royal Palm Beach Colony, Inc. during the seasonal months of the business, namely December through April, for the next three years, 1971— 1972-1973 seasons.”
That writing failed to contain the requisites for a written contract or memorandum, signed by the party to be charged, sufficient to avoid the statute of frauds. It does not express the essential terms of the employment contract with a degree of certainty by which they could be known or understood without recourse to parol evidence. See Ocala Cooperage Co. v. Florida Cooperage Co., 59 Fla. 390, 52 So. 13; Gautier v. Bradway, 87 Fla. 193, 99 So. 879; Alton Beach Realty Co. v. Henderson, 92 Fla. 689, 110 So. 256; Webster Lumber Co. v. Lincoln, 94 Fla. 1097, 115 So. 498; Minsky’s Follies of Florida, Inc. v. Sennes, 5 Cir. 1953, 206 F. 2d 1.
Affirmed.
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Basmeson v. Manolo Garcia Elec. Motors Inc., 563 So. 2d 113 (Fla. 3d DCA 1990)…a. 873, 9 So. 2d 96 (1942); Willis v. Fowler, 102 Fla. 35, 136 So. 358 (1931); Tobin & Tobin Ins. Agency, Inc. v. Zeskind, 315 So. 2d 518 (Fla. 3d DCA 1975); Morton v. Young, 311 So. 2d 755 (Fla. 3d DCA 1975); Green v. Royal Palm Beach Colony, Inc., 292 So. 2d 388 (Fla. 3d DCA 1974); Evans v. Gray, 215 So. 2d 40 (Fla. 3d DCA 1968), cert. denied, 222 So. 2d 748 (Fla.1969); Rowland v. Ewell, 174 So. 2d 78 (Fla. 2d DCA 1965); [*114] Ramel v. Chasebrook Constr. Co., 135 So. 2d 876 (Fla. 2d DCA 1961).…
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Spaziani v. Bancroft, 618 So. 2d 744 (Fla. 5th DCA 1993)…ommon law fraud; 3) wrongful discharge based on a promise of permanent employment; and 4) wrongful discharge because Spaziani refused to commit an antitrust violation. . § 725.01, Fla.Stat. (1991). . Compare Green v. Royal Palm Beach Colony, Inc., 292 So. 2d 388 (Fla. 3d DCA 1974) (letter which merely stated that plaintiff would be employed by the defendant during the seasonal months of its business for three years did not contain the essential terms of the employment contract with the degree of certainty b…
Authorities Cited
- Webster Lumber Co. v. Mrs. Jennie E. Lincoln, 94 Fla. 1097 (Fla. 1927)
- Gautier v. Bradway, 87 Fla. 193 (Fla. 1924)
- The Alton Beach Realty Co. v. Henderson, 92 Fla. 689 (Fla. 1926)
- Ocala Cooperage Co. v. Fla. Cooperage Co., 59 Fla. 390 (Fla. 1910)
- Minsky's Follies of Fla., Inc. v. Sennes, 206 F.2d 1 (5th Cir. 1953)