American Agronomics Corp. v. Ross, 74--896
| Decision Date | 25 March 1975 |
| Docket Number | No. 74--896,74--896 |
| Parties | AMERICAN AGRONOMICS CORPORATION, Appellant, v. James E. ROSS, Appellee. |
| Court | Florida District Court of Appeals |
Weithorn & Mazloff, Coral Gables, for appellant.
Barrett, Diliberto & Estrumsa, Miami, for appellee.
Before HENDRY, HAVERFIELD and NATHAN, JJ.
Defendant-appellant appeals a final judgment entered in favor of plaintiff-appellee in this action to recover for a breach of employment contract.
Plaintiff-appellee, James Ross, entered into an employment contract with defendant-appellant, American Agronomics Corporation, whereby plaintiff assumed the position of director of broker/dealer sales for Farmers Equity Corporation, defendant's wholly owned subsidiary and sales arm. The subject contract read in part as follows:
'This letter confirms our verbal agreement on the terms of your employment by American Agronomics Corporation as Director of NASD Broker/Dealer sales for Farmers Equity Corporation commencing November 15, 1971.
Defendant-appellant terminated plaintiff on March 3, 1972 for failing to follow directives even though plaintiff had achieved a sales total in excess of $600,000. Thereafter, plaintiff filed a complaint for breach of contract and alleged therein that defendant owed him $14,100 in salary and $2,755 in commissions. The cause proceeded to a non-jury trial. Thereafter, the trial court entered judgment in favor of plaintiff and awarded him $14,000 for unpaid salary, $2,775 for the balance of commissions due and owing plaintiff and costs. This appeal follows.
Defendant first...
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In re Standard Jury Instructions—Contract & Business Cases
...contract and chose the wording. Vienneau v. Metropolitan Life Ins. Co., 548 So.2d 856 (Fla. 4th DCA 1989); Am. Agronomics Corp. v. Ross, 309 So.2d 582 (Fla. 3d DCA 1975). “To the extent any ambiguity exists in the interpretation of [a] contract, it will be strictly construed against the dra......
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Bonar v. Barnett Bank of Jacksonville, NA
...98, 24 So.2d 906 (1946); MacIntyre v. Green's Pool Service, 347 So.2d 1081 (Fla. 3d Dist.Ct.App.1977); American Agronomics Corp. v. Ross, 309 So.2d 582 (Fla. 3d Dist.Ct.App.1975); Travelers Indemnity Co. v. Washington Federal Savings and Loan, 214 So.2d 492 (Fla. 3d Dist.Ct.App.1968). See a......
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Jaar v. University of Miami
...Data Lease Financial Corp., 302 So.2d 404 (Fla.1974); Welsh v. Carroll, 378 So.2d 1255 (Fla. 3d DCA 1979); American Agronomics Corporation v. Ross, 309 So.2d 582 (Fla. 3d DCA 1975). The parties by their actions over the years have treated persons, such as Dr. Ward, as being employed by the ......
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Vienneau v. Metropolitan Life Ins. Co.
...is not completely at variance with the principles of correct legal interpretation of the contract provisions. American Agronomics Corp. v. Ross, 309 So.2d 582 (Fla. 3d DCA), cert. denied, 321 So.2d 558 (Fla.1975); Bouden v. Walker, 266 So.2d 353 (Fla. 2d DCA 1972). The court may also consid......