Knowles v. C. I. T. Corp., DD-138
| Citation | 346 So.2d 1042 |
| Decision Date | 25 May 1977 |
| Docket Number | No. DD-138,DD-138 |
| Parties | Clyde KNOWLES, Appellant, v. C. I. T. CORPORATION, Appellee. |
| Court | Florida District Court of Appeals |
John T. Trekel and R. Craig Hemphill, Jacksonville, for appellant.
Carlton L. Welch, Terrance E. Schmidt, Jacksonville, for appellee.
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.
To continue reading
Request your trial
-
MDS(Canada), Inc. v. Rad Source Techs., Inc.
...contract; (2) a material breach of that contract; and (3) damages resulting directly from the material breach. Knowles v. C.I.T. Corp., 346 So.2d 1042, 1043 (Fla. 1st DCA 1977); Rollins, Inc. v. Butland, 951 So.2d 860, 876 (Fla. 2d DCA 2006). To constitute a material breach, a party's “nonp......
-
Dunn v. Global Trust Mgmt., LLC
...seeking to enforce a contract bears the burden to prove these elements by a preponderance of the evidence. Knowles v. C.I.T. Corp. , 346 So. 2d 1042, 1043 (Fla. 1st DCA 1977). The existence of a contract is a question of fact. See Consolo v. A.M.K. Corp. , 344 So. 2d 1285, 1286 (Fla. 3d DCA......
-
In re Toy King Distributors, Inc.
...of the evidence the existence of the contract, a breach of that contract, and damages flowing from the breach. Knowles v. C.I.T. Corp., 346 So.2d 1042, 1043 (Fla. 1st DCA 1977). A confirmed plan is a contract, approved by the court, that involves matters of offer, acceptance, performance, a......
-
In re Standard Jury Instructions—Contract & Business Cases
...So.2d 737, 740 (Fla. 5th DCA 2000); Mettler, Inc. v. Ellen Tracy, Inc., 648 So.2d 253, 255 (Fla. 2d DCA 1994); Knowles v. C. I. T. Corp., 346 So.2d 1042, 1043 (Fla. 1st DCA 1977). 2. To maintain an action for breach of contract, a claimant must first establish performance on the claimant's ......
-
Contract cases
...must first establish performance on its part of the contractual obligations imposed in the contract.”). 4. Knowles v. C.I.T. Corp. , 346 So.2d 1042, 1043 (Fla. 1st DCA 1977) (“It is elementary that in order to recover on a claim for breach of contract the burden is upon the claimant to prov......
-
The economic loss rule and fraudulent inducement claims.
...claim requires proof solely of the existence of the contract, breach and damages flowing from the breach. Knowles v. C. L T. Corp., 346 So. 2d 1042 (Fla. 1st D.C.A. (2) Puff 'N Stuff of Winter Park, Inc. v. Bell, 683 So. 2d 1176, 1180-81 (Harris, J., concurring specially) (Fla. 5th D.C.A. 1......
-
Chapter 13-5 Burden of Proof
...defenses and counterclaims is the defendant's to prove by a preponderance of the evidence.82--------Notes:[81] Knowles v. C.I.T. Corp., 346 So. 2d 1042 (Fla. 1st DCA 1977).[82] Captains Table, Inc. v. Khouri, 208 So. 2d 677 (Fla. 4th DCA...
-
Chapter 13-5 Burden of Proof
...defenses and counterclaims is the defendant's to prove by a preponderance of the evidence.84--------Notes:[83] Knowles v. C.I.T. Corp., 346 So. 2d 1042 (Fla. 1st DCA 1977).[84] Captains Table, Inc. v. Khouri, 208 So. 2d 677 (Fla. 4th DCA...