CLYDE KNOWLES, APPELLANT,
v.
C. I. T. CORPORATION, APPELLEE
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PER CURIAM.
The judgment here appealed arises from a claim by appellee Butler against appellant Knowles based upon an alleged agreement or representation involving the transfer, repair and use of a crane. From the allegations of the pleadings it is impossible to determine whether the claim was intended to be based upon an alleged breach of an alleged oral contract or on the theory of fraud. However, it makes no difference in this particular case since the evidence supports neither. A reading of the record though reflects that Butler’s attorney specifically disavowed, while arguing against a motion for directed verdict, any claim for fraud; thereby leaving only an alleged claim for breach of contract. It is elementary that in order to recover on a claim for breach of contract the burden is upon the claimant to prove by a preponderance of the evidence the existence of a contract, a breach thereof and damages flowing from the breach. Sub judice, appellee proved neither. Reversed and remanded with directions that a judgment be entered in favor of Knowles as to Butler’s claim allegedly based upon the breach of an alleged oral contract.
IT IS SO ORDERED.
BOYER, C. J., and RAWLS and McCORD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (41 total)
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Rollins, Inc. v. Butland, 951 So. 2d 860 (Fla. 2d DCA 2006)…s of Claims for Breach of Contact and for Unjust Enrichment The elements of an action for breach of contract are: (1) the existence of a contract, (2) a breach of the contract, and (3) damages resulting from the breach. See Knowles v. C.I.T. Corp., 346 So. 2d 1042, 1043 (Fla. 1st DCA 1977). In addition, in order to maintain an action for breach of contract, a claimant must also prove performance of its obligations under the contract or a legal excuse for its nonperformance. See Old Republic Ins. Co. v. Von On…
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Abruzzo v. Haller, 603 So. 2d 1338 (Fla. 1st DCA 1992)…dent, and he alleges that the P.A. had a duty to perform but did not. Abruzzo further alleges damages flowing from the breach. Therefore, a cause of action against the P.A. for breach of contract is sufficiently alleged. See Knowles v. C.I.T. Corp., 346 So. 2d 1042 (Fla. 1st DCA 1977); c.f., Loewer v. New York Life Ins. Co., 773 F.Supp. 1518 (M.D.Fla.1991) (citing to a federal rule of civil procedure identical to Florida’s Rule 1.120(c) and holding that alleging damages is not mandatory). This is especially tr…
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Arnaldo Fernandez Batista & Rock & Fill Corp. v. Walter & Bernstein, P.A., 378 So. 2d 1321 (Fla. 3d DCA 1980)…the more serious and difficult-to-prove allegation of fraud. See also Transammonia Export Corp. v. Conserv, Inc., 554 F. 2d 719 (5th Cir. 1977) (preponderance test applicable to oral contract governed by Florida U.C.C.); cf. Knowles v. C.I.T. Corp., 346 So. 2d 1042, 1043 (Fla. 1st DCA 1977) (dictum) (“It is elementary that in order to recover on a claim for breach of [an oral] contract the burden is upon the claimant to prove by a preponderance of the evidence the existence of a contract, . . .”). For these re…
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