Indus. Med. Pub. Co. v. Colonial Press of Miami, Inc., 181 So. 2d 19 (Fla. 3d DCA 1965). · Go Syfert
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Indus. Med. Pub. Co. v. Colonial Press of Miami, Inc., 181 So. 2d 19 (Fla. 3d DCA 1965). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, last quoted 2008 · …in contract actions, the complaint must allege the execution of the contract, the obligation thereby assumed, and the breach. at p. 20 ✓
11 citation events (2 in the last 25 years) across 4 distinct courts.
Strongest positive: Townsend Contracting v. JENSEN CIV. CONST. (fladistctapp, 1999-02-18)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Townsend Contracting v. JENSEN CIV. CONST.
Fla. Dist. Ct. App. · 1999 · quote attribution · 1 verbatim quote · confidence high
in contract actions, the complaint must allege the execution of the contract, the obligation thereby assumed, and the breach.
discussed Cited as authority (quoted) Friedman v. New York Life Ins. Co.
Fla. Dist. Ct. App. · 2008 · quote attribution · 1 verbatim quote · confidence low
in contract actions, the complaint must allege the execution of the contract, the obligation thereby assumed, and the breach.
discussed Cited as authority (rule) Nautica International, Inc. v. Intermarine USA, L.P.
S.D. Fla. · 1998 · confidence medium
Industrial Medicine Publishing Co. v. Colonial Press of Miami, Inc., 181 So.2d 19, 19 (Fla. 3rd DCA 1965) (setting forth elements of breach of contract as execution of contract, assumption of an obligation under the terms of the contract, and breach of the assumed duty).
cited Cited as authority (rule) Breakers of Fort Walton Beach Condominiums, Inc. v. ATLANTIC BEACH MGMT., INC.
Fla. Dist. Ct. App. · 1989 · confidence medium
Industrial Medicine Publishing Co. v. Colonial Press of Miami, Inc., 181 So.2d 19, 20 (Fla. 3d DCA 1965).
discussed Cited "see" RAF Financial Corp. v. Resurgens Communications Group, Inc.
D. Colo. · 1991 · signal: see · confidence high
See Industrial Medicine Publishing Co., Inc. v. Colonial Press of Miami, Inc., 181 So.2d 19 (Fla.Dist.Ct.App.1965) (breach of contract); Atlantic National Bank of Florida v. Vest, 480 So.2d 1328, 1331-32 (Fla.Dist.Ct.App.1985) (misrepresentation).
Retrieving the full opinion text from the archive…
INDUSTRIAL MEDICINE PUBLISHING COMPANY, Inc., an Illinois corporation, Appellant,
v.
COLONIAL PRESS OF MIAMI, INC., a Florida corporation, Appellee.
65-652.
District Court of Appeal of Florida, Third District.
Dec 7, 1965.
181 So. 2d 19
Tillman Pearson, Barkdull and Swann.
Cited by 8 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 86%
Citer courts: District Court of Appeal of Fl… (1)

[*20] Brunstetter & Popper, Miami, for appellant.

Myers, Heiman & Kaplan and Allen Kornblum, Miami, for appellee.

Before TILLMAN PEARSON, BARKDULL and SWANN, JJ.

PER CURIAM.

This cause is before us on interlocutory appeal from the chancellor's order denying defendant's motion to dismiss the "Supplemental Amended Complaint" and permitting the plaintiff, appellee, to amend the "supplemental amended complaint" by striking the word "supplemental" and adding the word "second." The order also allowed the plaintiff to amend his pleading so that it would designate the alleged contract, upon which suit was brought, as an oral contract.

The appellant contends that the pleading failed to state a cause of action because the plaintiff failed to allege the existence of a contract.

In contract actions, the complaint must allege the execution of the contract, the obligation thereby assumed, and the breach. Cerniglia v. Davison Chemical Co., Fla.App. 1962, 145 So.2d 254. The pleading before us meets that test.

If a defendant has no sure knowledge of the exact oral contract which is allegedly the basis for the plaintiff's cause of action, he may file a motion for a more definite statement. Rule 1.11(e), Florida Rules of Civil Procedure, 30 F.S.A. See Patton v. Carlson, Fla.App. 1961, 132 So.2d 793.

Inasmuch as no error has been shown, the order appealed is affirmed, and the cause is remanded for further proceedings.

Affirmed.