Legal Opinion · Dissent

American Atlantic Lines v. Ros Forwarding, Inc.

District Court of Appeal of Florida

Decided November 22, 1983No. 83-42Published

1DissentJorgenson, Judge

Because this is not a case where the nature of the oral contract can be determined with certainty, see Titan Agencies, Inc. v. Kornreich & Sons, 355 So.2d 457 (Fla. 3d DCA 1978), I respectfully dissent.

The plaintiff, American Atlantic Lines, an ocean cargo carrier, appeals a final summary judgment in favor of the defendant, Ros Forwarding, Inc., a freight forwarder, in a suit to enforce an oral contract for the cost of shipping a third party’s goods.

American alleged that its representative advised Ros that, because the shipper of the goods had no credit arrangement with American, American…

2Cases cited11 opinions

  1. Davis v. PatrickSupreme Court of the United States · 1891
  2. Emerson v. SlaterSupreme Court of the United States · 1860
  3. Hilkmeyer v. Latin American Air Cargo ExpeditersSupreme Court of Florida · 1957
  4. Hudson v. AshleyDistrict of Columbia Court of Appeals · 1980
  5. Troup Brothers, Inc. v. StateDistrict Court of Appeal of Florida · 1961

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