McCrimmon v. Brundage
Supreme Court of Florida
McCrimmon v. Brundage, 53 Fla. 478 (Fla. 1907)
Whitfield, Who
McCrimmon v. Brundage
Opinion of the Court
The plaintiffs declared upon a “contract which was oral, but which the defendants agreed to reduce to writing, and which was reduced to writing,” to which a plea was interposed denying the contract in the language of the declaration. Issue was joined upon this plea, and at the conclusion of the evidence a verdict was directed for the defendant. ■
An oral contract which is agreed to be reduced to writing is not complete until fully executed by delivery. 9 Cyc. 280 and cases cited.
•The evidence was conclusive that there was no delivery of the written contract, and such also is the admission in a replication filed to other pleas. There was, therefore, no error in directing the' verdict, and the judgment thereon is affirmed.
Reference
- Full Case Name
- Charles T. McCrimmon, in Error v. James T. Brundage and Chas. W. Miller, Partners, Doing Business Under the Firm Name and Style of the Miami Transfer Company, in Error
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- An oral contract which is agreed to be reduced to writing is' not complete until fully executed by delivery of th« writing.