Elawyers Elawyers
Washington| Change

Equitrac Corporation v. Kenny, Nachwalter & Seymour, Pa, 85-2746 (1986)

Court: District Court of Appeal of Florida Number: 85-2746 Visitors: 3
Judges: Hubbart, Baskin, and Daniel S. Pearson
Filed: Sep. 09, 1986
Latest Update: Apr. 06, 2017
Summary: 493 So. 2d 548 (1986) EQUITRAC CORPORATION, Appellant, v. KENNY, NACHWALTER & SEYMOUR, P.A., Appellee. No. 85-2746. District Court of Appeal of Florida, Third District. September 9, 1986. DeMeo & Sherman, Coral Gables, for appellant. Murai, Wald, Biondo, Matthews & Moreno and Cristina L. Mendoza, Miami, for appellee. Before HUBBART, BASKIN, and DANIEL S. PEARSON, JJ. REVISED OPINION PER CURIAM. The final judgment in favor of the defendant in this breach of contract action is affirmed. It appears
More
493 So. 2d 548 (1986)

EQUITRAC CORPORATION, Appellant,
v.
KENNY, NACHWALTER & SEYMOUR, P.A., Appellee.

No. 85-2746.

District Court of Appeal of Florida, Third District.

September 9, 1986.

DeMeo & Sherman, Coral Gables, for appellant.

Murai, Wald, Biondo, Matthews & Moreno and Cristina L. Mendoza, Miami, for appellee.

Before HUBBART, BASKIN, and DANIEL S. PEARSON, JJ.

REVISED OPINION

PER CURIAM.

The final judgment in favor of the defendant in this breach of contract action is affirmed. It appears without material dispute that the purpose for which the subject contract was formed became entirely frustrated under the circumstances of this case due to no fault of either party. This showing, in our view, rendered the contract unenforceable based on the contract doctrine of frustration of purpose. See Crown Ice Machine Leasing Co. v. Sam Senter Farms, Inc., 174 So. 2d 614, 617-18 (Fla. 2d DCA), cert. denied, 180 So. 2d 656 (Fla. 1965); Restatement (Second) of Contracts ยง 266(2) (1981).

Affirmed.

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer