Legal Opinion
Martyn v. First Federal Savings & Loan Ass'n
District Court of Appeal of Florida
Decided December 15, 1971No. 71-261PublishedCited by 7 opinions
1Opinion of the Court
WALDEN, Judge.
Putting aside preamble, does the statute of frauds, F.S.1969, sec. 725.01, F.S.A., bar a suit for damages upon an oral contract to loan money in return for a mortgage upon realty?
The trial court determined that such contract was encompassed and controlled by the statute. Summary final judgment was thereupon entered for the defendant. Plaintiff appeals. We reverse.
We have not been shown and have not found a controlling Florida case precedent.
The Statute of Frauds is set forth in F. S.1969, sec. 725.01, F.S.A.:
“725.01 Promise to pay another’s debt, etc. — -No action shall be…
2Cases cited26 opinions
- Holl v. TalcottSupreme Court of Florida · 1966
- Shavers v. Duval CountySupreme Court of Florida · 1954
- Sleeth v. . SampsonNew York Court of Appeals · 1923
- West v. First Bap. Ch. of TaftTexas Supreme Court · 1934
- Bank of New Brockton v. DunnavantSupreme Court of Alabama · 1920
21 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Floyd B. Hutton, Anna v. Hutton v. Sheriff Thomas Strickland, Individually and as Sheriff of Holmes County, FloridaCourt of Appeals for the Eleventh Circuit · 1990
- Martyn v. FIRST FED. SAV. & L. ASS'N OF W. PALM BEACHDistrict Court of Appeal of Florida · 1971
- Matter of Growers Properties No. 56 Ltd.United States Bankruptcy Court, M.D. Florida · 1990
- Free v. FreeDistrict Court of Appeal of Florida · 2006
- Anderson v. United StatesUnited States Court of Federal Claims · 2009
2 more not listed; retrieve them via the Exa API.