Fla. Std. Jury Instr. (Contract & Bus.) 416.37

(Claimant) claims that (defendant) owes [him] [her] [it] money for goods which (claimant) sold and delivered to (defendant). To establish this claim, (claimant) must prove all of the following:

1. (Claimant) sold and delivered goods to (defendant);

2. (Defendant) failed to pay for such goods; and

3. [The price agreed upon for] [The reasonable value of] the goods which (claimant) sold and delivered to (defendant).

If the greater weight of the evidence does not support (claimant’s) claim on these issues, then your verdict should be for (defendant). However, if the greater weight of the evidence supports (claimant’s) claims on these issues, then your verdict should be for (claimant) in the total amount of [his] [her] [its] damages.

SOURCES AND AUTHORITIES FOR 416.37

1. “[T]he plaintiff was bound to prove the sale and delivery and the price agreed upon for the [goods], or their value. The sale could be proved by the delivery, from which the sale is presumed or implied.” Chase & Co. v. Miller, 88 So. 312, 314 (Fla. 1921).

2. “[T]he plaintiff failed to prove that it delivered certain [goods] to defendant’s [place of business] and as such, no prima facie case for goods sold and delivered was established.” Bosem v. A.R.A. Corp., 350 So. 2d 526, 527 (Fla. 3d DCA 1977).

3. “[A] claim on an open account requires proof of a sales contract between the creditor and debtor, and proof that the amount claimed by the creditor represents either the agreed upon sales price or the reasonable value of the goods actually delivered. . . . [I]t is clear that a claimant also must prove delivery of goods and show either an agreement upon sales price or that amounts claimed represent the reasonable value of the goods actually delivered.” Alderman Interior Sys., Inc. v. First National-Heller Factors, Inc., 376 So. 2d 22, 24 (Fla. 2d DCA 1979).

4. Fla. R. Civ. P. 1.935 (Form) (“Defendant owes plaintiff $(amount) that is due with interest since (date), for the following goods sold and delivered by plaintiff to defendant between (date) and (date): (list goods and prices).”).

5. Fla. Sm. Cl. R. Form 7.331 (“There is now due, owing, and unpaid from defendant to plaintiff $(amount) with interest since (date), for the following goods sold and delivered by plaintiff to defendant between (date) and (date): (list goods and prices and any credits).”).