Atlas Moving & Storage Warehouses, Inc. v. Truly Nolen, Inc., 137 So. 2d 568 (Fla. 1962). · Go Syfert
Atlas Moving & Storage Warehouses, Inc. v. Truly Nolen, Inc., 137 So. 2d 568 (Fla. 1962). Cases Citing This Book View Copy Cite
8 citation events across 3 distinct courts.
Strongest positive: Hawkins & Gossett v. Hart (tennctapp, 1998-05-29)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited "see" Hawkins & Gossett v. Hart
Tenn. Ct. App. · 1998 · signal: see · confidence high
See Blackhawk Heating and Plumbing Co., Inc. at 408, citing Truly Nolen, Inc. v. Atlas Moving and Storage Warehouse, Inc., 125 So.2d 903 (Fla. 3d DCA1961), cert. discharged, 137 So.2d 568 (Fla.1962). [3] Where the parties are continuing to negotiate as to these essential terms, there can be no meeting of the minds.
discussed Cited "see" Jacksonville Port v. Wr Johnson
Fla. Dist. Ct. App. · 1993 · signal: see · confidence high
See Blackhawk Heating and Plumbing Co., Inc. at 408, citing Truly Nolen, Inc. v. Atlas Moving and Storage Warehouse, Inc., 125 So.2d 903 (Fla. 3d DCA 1961), cert. discharged, 137 So.2d 568 (Fla. 1962).
cited Cited "see" Hepler v. Atlas Mut. Ins. Co.
Fla. Dist. Ct. App. · 1987 · signal: see · confidence high
See Truly Nolen, Inc. v. Atlas Moving & Storage Warehouses, Inc., 125 So.2d 903 (Fla. 3d DCA 1961), cert. discharged, 137 So.2d 568 (Fla. 1962).
cited Cited "see, e.g." Harris v. Byard
Fla. Dist. Ct. App. · 1987 · signal: see, e.g. · confidence low
See, e.g., Truly Nolen, Inc. v. Atlas Moving & Storage Warehouses, Inc., 125 So.2d 903 (Fla. 3d DCA 1961), cert. discharged, 137 So.2d 568 (Fla.1962).
Retrieving the full opinion text from the archive…
ATLAS MOVING & STORAGE WAREHOUSES, INC., a Florida corporation
v.
TRULY NOLEN, INC., a Florida corporation
No. 31283.
Supreme Court of Florida.
Feb 7, 1962.
137 So. 2d 568
Calvin C. Gould and Fuller Warren, Miami, for petitioner., Bernard B. Weksler and Anderson & Nadeau, Miami, for respondent.
Connell, Drew, Hobson, Roberts, Terrell, Thomas, Thorn.
Cited by 7 opinions  |  Published
DREW, Justice.

Writ of certiorari has issued herein for alleged conflict with decisions of this Court in Walker & McClellana v. Chancey, 96 Fla. 82, 117 So. 705, and DeVore v. Lee, 158 Fla. 608, 30 So.2d 924.

The decision of the district court in this, cause[1] was simply that the agreement between the parties, which formed the basis for petitioner’s original action for declaratory relief, was so ambiguous and indefinite as to be unenforceable. Upon this theory the chancellor’s finding for plaintiff-lessor, the petitioner, awarding damages and excusing performance because of repudiation by lessee, was reversed. It is clear from the opinion that the court’s conclusions as to ambiguity were not confined to that resulting from lessee’s failure to furnish advertising copy for the sign contemplated by the parties, but instead related to lack of specifications by which performance might be objectively measured.

Without regard to its propriety upon the record and language construed, the decision-does not conflict with the cited cases upon the point of law involved. Neither relates-to the necessity for delineation of terms in-such agreements, and could not in any event give rise to conflict upon such an-established principle of law in the absence-of contrary conclusions upon similar factual situations.[2] The petitioner, upon full-consideration, falls short of the showing of irreconcilable precedents essential to the exercise of our jurisdiction in this area.[3]

Writ discharged.

ROBERTS, C. J., and TERRELL,. THOMAS, HOBSON, THORN AL and O’CONNELL, JJ., concur.
1

Truly Nolen, Inc. v. Atlas Moving & Storage Warehouses, Inc., Fla.App., 125 So.2d 903.

2

Ansin v. Thurston, Fla.1958, 101 So.2d 808.

3

Florida Power & Light Co. v. Bell, Fla. 1959, 113 So.2d 697; Williams v. Noel,. Fla.1959, 112 So.2d 5.