No. 81-2589 | Fla. Dist. Ct. App. | Oct 12, 1982
In order to maintain an action for breach of an oral contract a plaintiff must first establish performance on its part of the contractual obligations assumed. Babe, Inc. v. Baby’s Formula Service, Inc., 165 So. 2d 795" date_filed="1964-06-16" court="Fla. Dist. Ct. App." case_name="Babe, Inc. v. Baby's Formula Service, Inc.">165 So.2d 795 (Fla. 3d DCA 1964).
Where the defendant continually complained that the requested services were not being performed, the plaintiff may not recover upon a theory of account stated, Merrill-Stevens Dry Rock Co. v. Corniche Express, 400 So. 2d 1286" date_filed="1981-06-30" court="Fla. Dist. Ct. App." case_name="MERRILL-STEVENS DRY DOCK COMPANY v. Corniche Express">400 So.2d 1286 (Fla. 3d DCA 1981), and cases collected therein.
The trial judge’s finding that appellant failed to make a case on either theory is supported by the record and will not be disturbed on appeal. Basic Food Industries, Inc. v. Wackenhut Corp., 323 So. 2d 1" date_filed="1975-11-25" court="Fla. Dist. Ct. App." case_name="Basic Food Industries, Inc. v. Wackenhut Corp.">323 So.2d 1 (Fla. 3d DCA 1975).
Affirmed.