In 2016, Marty Byrde purchased 5 acres of land in Lake of the Ozarks, Florida just outside Lakeland, including a two-story house, upon which Florida Southern Railroad had an easement stemming back to 1941. Between 1941-2016, the Railroad had built massive hills, or berms, upon which it laid tracks so that the State could build a bridge to cross a main road along the border of Marty’s property. In early 2017, the Railroad rescinded the easement and by the end of the year, it had removed its tracks leaving the berms – mounds of dirt that extended the length of the property as high as the two-story house Marty had purchased with the land.
In January 2, 2018, Marty was approached by Jacob Snell, co-owner with his wife, Darlene, of Snell’s Trucking, Inc., a Florida excavation company, about removing the dirt hills and berms. (He had a contract to supply fill for land with a local town). During a meeting at the Blue Cat bar in Ozark on January 3, 2018, Snell offered to remove the dirt and pay Marty a royalty of $5 per truckload. In addition, Snell promised to landscape the property once the dirt was removed by leveling it, spreading topsoil and planting grass. Marty accepted Snell’s offer and they shook hands on the deal but did not draft or sign a written contract.
In February 2018, Snell’s company commenced work and started hauling truckloads of the dirt off the property. However, Marty did not keep count as to the number of truckloads of dirt removed as Snell assured him that he would do so. Snell’s company finished removing the dirt by the end of January 2019. In August 2020, his company had completed the landscaping work.
In June 2021, Marty called Snell demanding payment for the dirt he had removed. Snell claimed he had removed 800 truckloads and owed her $4000, but did not have the money as he had been audited by the IRS and had to pay them for back taxes, penalties and interest. Marty believed that at least 8,000 truckloads of dirt had been removed and Snell thus owed him $40,000 or more. Snell told Marty that he was not getting a cent, now or ever, and hung up on him.
- Did Marty and Snell enter into a valid contract at the Blue Cat bar in on January 3, 2018? Why or why not?
- A. What defenses may Snell assert if Marty files a breach of contract lawsuit in a Florida court? Explain your answer. B. What argument could Marty make in response to Snell’s assertion of this defense?
- In what Florida court may Marty’s breach of contract lawsuit be filed? Explain your answer.
- Assume you are the attorney hired by Marty to prove his case? How would you do so? That is, what evidence you might gather to do so.
- Assume that Marty and Snell entered into a valid contract. What law would apply – the general law of contracts or the Uniform Commercial Code? Explain your answer.
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