Ocala Cooperage Co. v. Florida Cooperage Co.

Citations

• 59 Fla. 394

Syllabus

<p>1. Where parties are merely negotiating as to the terms of an agreement to be entered into between them, there is no meeting of the minds and consequently no contract, while the agreement is incomplete.</p> <p>2. Where parties intend that their verbal negotiations shall be reduced to writing as the evidence of the terms of their agreement, there is nothing binding on them until the writing is executed.</p> <p>3. While it is true that where parties orally agree upon the terms of a contract, and there is a final assent thereto, so that no variation can be introduced into the writing except by mutual consent, the mere suggestion or intention to put the agreement in writing at a subsequent time is not, of itself, sufficient to show that the parties did not intend the parol contract to be regarded as complete and binding without being put in writing; but where it appears that the parties or either of them, intended that the contract should be reduced to writing so that its terms would be fully understood and definitely stated in the writing, the contract will not be regarded as complete or binding until it is reduced to writing and acquiesced in by both parties.</p>