Legal Opinion

Daniel Systems, Inc. v. Carswell

District Court of Appeal of Florida

Decided June 26, 1979No. Nos. 78-1123, 78-1392Published

1Per curiam

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:…

2Cases cited5 opinions

  1. Mallard v. EwingSupreme Court of Florida · 1935
  2. Florida Moss Products Co. v. City of LeesburgSupreme Court of Florida · 1927
  3. Bond v. HewittSupreme Court of Florida · 1933
  4. Maszewski v. PiskadloDistrict Court of Appeal of Florida · 1975
  5. Whitehead v. RowlandDistrict Court of Appeal of Florida · 1977

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