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Daniel Systems, Inc. v. Carswell

District Court of Appeal of Florida, Third District
Jun 26, 1979
372 So. 2d 201 (Fla. Dist. Ct. App. 1979)

Opinion

Nos. 78-1123, 78-1392.

June 26, 1979.

Appeals from Circuit Court, Dade County; George Orr, Judge.

Blackwell, Walker, Gray, Powers, Flick Hoehl and James E. Tribble, Miami, for appellants.

Iva W. Kay, Jr. and M.J. Kortis, Miami, for appellee.

Before PEARSON, KEHOE and SCHWARTZ, JJ.


We affirm the judgment below on the authority of the rule stated in Florida Moss Products Co. v. City of Leesburg, 93 Fla. 656, 112 So. 572, 574 (1927):

"Where the consideration sought to be shown by parol is purely contractual in its character and imposes upon one of the parties an additional contractual obligation repugnant to the plain terms of the written contract, parol proof may not be resorted to for the purpose of enforcing such additional obligation, since parol evidence is no more admissible to vary or add to the written instrument in that respect than it is in any other."

Accord: Mallard v. Ewing, 121 Fla. 654, 164 So. 674 (1936); Bond v. Hewitt, 111 Fla. 180, 149 So. 606 (1933); Whitehead v. Rowland, 352 So.2d 128 (Fla. 2d DCA 1977), cert. denied, 359 So.2d 1218 (Fla. 1978); Maszewski v. Piskadlo, 318 So.2d 226 (Fla. 2d DCA 1975).

Affirmed.


Summaries of

Daniel Systems, Inc. v. Carswell

District Court of Appeal of Florida, Third District
Jun 26, 1979
372 So. 2d 201 (Fla. Dist. Ct. App. 1979)
Case details for

Daniel Systems, Inc. v. Carswell

Case Details

Full title:DANIEL SYSTEMS, INC., A FLORIDA CORP., AND R. DIXON SPEAS, APPELLANTS, v…

Court:District Court of Appeal of Florida, Third District

Date published: Jun 26, 1979

Citations

372 So. 2d 201 (Fla. Dist. Ct. App. 1979)