CopyCited 34 times | Published | Florida 2nd District Court of Appeal | 1997 WL 125902
...Sav. and Loan Ass'n of West Palm Beach,
257 So.2d 576, 578 (Fla. 4th DCA 1971) (defining "sale" based on dictionary definition to mean "a contract whereby property is transferred from one person to another"), cert. denied,
262 So.2d 446 (Fla.1972); §
672.106(1), Fla.Stat....
...tantive basis of the appellants' deceptive act claim against the appellee, to be constitutional in Department of Legal Affairs v. Rogers,
329 So.2d 257 (Fla.1976). Moreover, the appellee has not advanced a constitutional challenge to the FDUTPA. [4] Section
672.106(1) is found in that part of Florida's Uniform Commercial Code which governs transactions involving sales of goods....
CopyCited 21 times | Published | Florida 1st District Court of Appeal | 1988 WL 50148
...By its express terms, chapter 672 applies to "sales" and section
672.608 applies to transactions involving a "buyer" and a "seller." Section
672.103 defines "buyer" as "a person who buys or contracts to buy goods," and defines "seller" as "a person who sells or contracts to sell goods." Section
672.106(1) defines "contract" and "contract for sale": In this chapter unless the context otherwise requires "contract" and "agreement" are limited to those relating to the present or future sale of goods....
CopyCited 13 times | Published | Florida 4th District Court of Appeal
...ough affecting land, do not contemplate the transfer of any title, ownership, or possession." (Emphasis supplied.) Now, as to the term "sale" considered in context of the statute of frauds, we observe that a sale, according to the U.C.C., F.S. 1969, section 672.106(1), F.S.A., is defined as: "A `sale' consists in the passing of title from the seller to the buyer for a price." Black's Law Dictionary, Revised 4th Edition, defines "sale" as follows: "A contract between two parties, called, respecti...
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1992 WL 365476
...fore acceptance or by the seller's assurances. (Emphasis supplied). The first requirement for application of this section is that the goods be "nonconforming." Goods are conforming when they are in accordance with the obligations under the contract. § 672.106(2), Fla....
...Moreover, in defining the term "conforming to the contract," the code explains that "[g]oods or conduct including any part of a performance are `conforming' or conform to the contract when they are in accordance with the obligations under the contract." § 672.106(2), Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 640, 7 U.C.C. Rep. Serv. 2d (West) 51, 1988 Fla. App. LEXIS 5861, 1988 WL 20585
...d rejected them. The first requirement is that the goods must actually be "nonconforming." Turning to the Code, we find that goods are "conforming," or "conform to the contract," when they are "in accordance with the obligations under the contract." § 672.106....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit
...6, 21 (1983). 3 The Florida UCC implied warranty statute, Fla.Stat.Ann. Sec.
672.314, provides that "a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind." Section
672.106 defines a "contract for sale" as "includ[ing] both a present sale of goods and a contract to sell goods at a future time" and a "sale" as "consist[ing] in the passing of title from the seller to the buyer for a price." See also Dunham-Bush, Inc....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 11 U.C.C. Rep. Serv. (West) 487
...1968,
208 So.2d 297, and need not be repeated here. The appellants contend that the transaction was not a sale, but was a gift made in connection with the sale of $5.00 or more of other Revlon products. We reject this argument. A sale is defined in §
672.106(1), Fla. Stat., F.S.A., § 2-106 of the Uniform Commercial Code, as follows: "
672.106 Definitions: ......
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 19 U.C.C. Rep. Serv. (West) 77
...We think the "Statute of Frauds" provision thereof is therefore inapplicable as to them. [4] With respect to the materials supplied before the "guaranty" contract sued on, they were not delivered pursuant to a "contract for sale" within the definition thereof in the Uniform Commercial Code, § 672.106, F.S....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 18 U.C.C. Rep. Serv. (West) 103
...(3) A buyer who so revokes has the same rights and duties with regard to the goods involved as if he had rejected them." (Italics ours.) Clearly, and assuming arguendo that the defects complained of herein are "non-conforming" within the meaning of § 672.106, F.S....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 34 U.C.C. Rep. Serv. (West) 1506
...We disagree that the oral agreement amounted to a contract for sale. Nowhere in the initial pleadings has a contract for sale been alleged. Rather, Wilson and the trial court have backed into the UCC's concept of a contract for sale by characterizing the unborn young of the mares as "goods." Although Section 672.106(1) defines a contract or agreement as relating to the "present or future sale of goods," it contemplates there being a "contract for sale" in the first instance....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2153, 2 U.C.C. Rep. Serv. 2d (West) 1379, 1986 Fla. App. LEXIS 10080
timber on Violetta Farm) is not at issue. . Section
672.106(1): “A ‘present sale’ means a sale which is
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1995 Bankr. LEXIS 1275, 1995 WL 534616
...rial number 31705. 3. The movant shall not pursue any in personam remedies against the Debtor. NOTES [1] Fla.Stat. §
671.101 (1991). [2] Fla.Stat. §
671.101 (1992). [3] Fla.Stat. §
672.102 (1965). [4] Fla.Stat. §
672.105(1) (1965). [5] Fla.Stat. §
672.106 (1965)....
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
the metering device used to compute usage. Section
672.106(1), F.S., states that "a `sale' consists in
CopyAgo (Fla. Att'y Gen. 1982).
Published | Florida Attorney General Reports
...In fact, my predecessor did just that in a similar opinion request involving s
166.231 (1), F.S.; AGO 075-20. Article II of the Uniform Commercial Code does not define `purchase,' but the term `sale' is specifically defined in the Code, which is incorporated in the Florida Statutes. Section
672.106 (1), F.S., states that `[a] `sale' consists in the passing of title from the seller to the buyer for a price ....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5327
a sale, according to the U.C.C., F.S.1969, section
672.106(1), F.S.A., is defined as: “A ‘sale’ consists
CopyPublished | Court of Appeals for the Eleventh Circuit | 1 U.C.C. Rep. Serv. 2d (West) 1115, 1986 U.S. App. LEXIS 28111
...1 (1983). The Florida UCC implied warranty statute, Fla.Stat.Ann. §
672.314, provides that “a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.” Section
672.106 defines a “contract for sale” as “including] both a present sale of goods and a contract to sell goods at a future time” and a “sale” as “consist[ing] in the passing of title from the seller to the buyer for a price.” See also Dunham-Bush, Inc....
