From our private database of 26,900+ case briefs...
Jones v. Warmack
Florida District Court of Appeal, First District
967 So.2d 400 (2007)
J. Michael Jones (plaintiff) contracted to assign certain property rights to Richard Warmack (defendant). The contract required Warmack to make three scheduled down payments, and provided that if Jones could not or would not address potential title defects within a designated timeframe, Warmack would have a 10-day option period in which he could either terminate the contract or proceed with the transaction. The contract also provided that one party's breach of the contract would give the other party the right to retain or recover the down payments. Warmack made the first two down payments, and notified Jones of several title defects, some of which Jones said he could not address within the designated timeframe. The deadline for making the final down payment fell within the option period. When Warmack missed that deadline, Jones notified Warmack that he was in default, and that therefore Jones would keep Warmack's first two down payments. Warmack responded that Jones' stated inability to cure the title defects was an anticipatory breach that terminated the contract. Warmack sued Jones to recover the two down payments. The trial court granted Jones' motion for summary judgment and ruled that Jones was entitled to keep the down payments. Warmack appealed to the district appellate court.
Rule of Law
Holding and Reasoning (Thomas, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 541,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 541,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 26,900 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.