Pine Lumber Co. v. Crystal River Lumber Co.

Citations

• 65 Fla. 254
• 61 So. 576

Syllabus

<p>1. Parties sui juris may make contracts in their own terms and require performance as made if no rule of law or public policy is violated.</p> <p>2. Where competent parties have deliberately entered into definite and complete stipulations and agreements duly evidenced in writing, and such a contract does not violate any rule of law or public policy, and no fraud, misrepresentation or overreaching, and no violation of a trust or fiduciary relation appears, and it is not shown that undue advantage is being taken of the contract under changed conditions, the courts will give effect to the contract as it discloses the valid intent and purpose of the parties.</p> <p>3. Where a contract is ambiguous or incomplete, necessary provisions to effectuate its purpose may be implied under certain restrictions, but when by the express definite terms of a complete contract any action taken or omitted under it does not appear to be a violation of it, and no fraud or other illegal or inequitable conduct is shown, additional provisions will not be implied for the purpose of showing a violation when it otherwise does not appear, where the contract may be performed according to its terms.</p>