Accord And Satisfaction

531 Florida cases classified under this topic, plus 14 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Marx & Co., Inc. v. The Diners' Club, Inc.
  550 F.2d 505· 2d Cir.· 1977-02-25 ·cited 101×
  The court held that admitting an expert witness's testimony on legal conclusions and contract interpretation was prejudicial error, requiring reversal of the breach of contract judgment, but affirmed the dismissal of securities fraud claims and the jury's verdict on counterclaims
• D. H. Overmyer Co., Inc. v. Loflin
  440 F.2d 1213· 5th Cir.· 1971-04-05 ·cited 94×
  The court held that a settlement agreement constituted an accord and satisfaction, barring subsequent claims for payments made under oral work orders.
• Int'l Union v. Yard-Man
  716 F.2d 1476· 6th Cir.· 1983-09-09 ·cited 93×
  The court held that collective bargaining agreement language intended to provide lifelong insurance benefits for retirees, and that retirees could settle pension disputes directly with the employer without union notice or consent.
• United States Rubber Prods., Inc. v. Clark
  145 Fla. 631· Fla.· 1941-01-14 ·cited 86×
  United States Rubber Products sued for breach of warranty on a hot-rock conveyor belt sold to an industrial customer. The Florida Supreme Court affirmed judgment for the plaintiff, holding that the warranty was limited to the specific performance conditions stated in the purchase
• Morrison v. Executive Aircraft Refinishing, Inc.
  2005 U.S. Dist. LEXIS 10190· S.D. Fla.· 2005-04-08 ·cited 85×
  A district court addressed a motion to strike affirmative defenses in an FLSA overtime wage action, holding that certain defenses—including failure to provide notice, duty to mitigate, waiver, estoppel, laches, and accord and satisfaction—are not recognized under the FLSA and mus
• Trudy Walton v. United Consumers Club
  786 F.2d 303· 7th Cir.· 1986-03-11 ·cited 85×
  The court held that cashing a settlement check without signing a release does not waive an employee's right to sue for full back wages under the FLSA, and that the 'in the picture' standard for willfulness is inappropriate for determining liquidated damages.
• S. J. Groves & Sons Co. v. Ohio Tpk. Comm'n
  315 F.2d 235· 6th Cir.· 1963-04-03 ·cited 76×
  The court held that the case was too complex and factually disputed for disposition by summary judgment.
• E. AIR Lines, Inc. v. McDONNELL Douglas Corp.
  532 F.2d 957· 5th Cir.· 1976-05-17 ·cited 70×
  The trial court erred in ruling that Contract 65-41-L remained enforceable for deliveries scheduled after its July 14, 1966 termination; the termination agreement effectively ended all obligations except those that had accrued prior to that date, and the statute of limitations ba
• Guess v. Montague
  140 F.2d 500· 4th Cir.· 1943-09-16 ·cited 70×
  A settlement for less than the full minimum wage and overtime compensation due under the FLSA is void, but a settlement of the liquidated damages claim is permissible if supported by consideration, such as the full payment of wages owed.
• Farina v. Mission Inv. Tr.
  615 F.2d 1068· 5th Cir.· 1980-04-23 ·cited 62×
  The federal district court had subject matter jurisdiction, and its dismissal of the plaintiff's suit and entry of summary judgment for the defendants were not an abuse of discretion due to the plaintiff's failure to prosecute diligently and lack of sufficient summary judgment pr
• Jon-T Chems., Inc. v. Freeport Chem. Co.
  704 F.2d 1412· 5th Cir.· 1983-05-20 ·cited 60×·via Executory Accord
  The court held that the force majeure clause excused non-delivery due to weather, the contract's specific terms regarding delivery method overrode the UCC, and the exclusion of a transcript was not an abuse of discretion.
• Fed. Deposit Ins. Corp. v. Harrison
  735 F.2d 408· 11th Cir.· 1984-06-29 ·cited 55×
  The court held that the FDIC, acting in its proprietary capacity as a receiver, is subject to the doctrine of equitable estoppel based on misrepresentations made by its agents.
• Starsky v. Williams
  512 F.2d 109· 9th Cir.· 1975-02-26 ·cited 55×
  The court held that the trial court properly found the professor's termination was based on constitutionally protected speech, but remanded for a determination on whether a subsequent sabbatical agreement constituted a binding settlement barring the action.
• Arnott v. The Am. OIL Co.
  609 F.2d 873· 8th Cir.· 1979-10-24 ·cited 52×
  The court held that there was insufficient evidence to support the jury's verdict on the antitrust claim and that the district court erred in instructing the jury that a fiduciary relationship existed as a matter of law.
• Miller-Dunn Co., Inc. v. Green
  154 Fla. 72· Fla.· 1944-02-11 ·cited 46×
  Miller-Dunn Company appeals a judgment for Perry Green on a contract dispute. The Florida Supreme Court reversed, holding that no enforceable contract existed between the parties and that Green accepted payment that constituted an accord and satisfaction of any claim.
• Overlook Nursing Home, Inc. v. The United States
  556 F.2d 500· Ct. Cl.· 1977-05-18 ·cited 44×
  The court held that the intermediary's auditor lacked authority to bind the government to a settlement amount and that the composition of the administrative board did not violate due process. However, start-up costs are reimbursable and remanded for calculation.
• Spann v. Baltzell
  1 Fla. 301· Fla.· 1847-01-01 ·cited 44×
  In this bill of exchange dispute, the Florida Supreme Court affirmed a judgment against endorser Richard Spann, holding that an oral agreement to accept insolvent bank notes instead of money constituted valid substituted consideration, but that such tender required physical produ
• Amendments to the Florida Rules of Civil Procedure
  773 So. 2d 1098· Fla.· 2000-10-05 ·cited 43×
  This is a Florida Supreme Court order adopting proposed amendments to the Florida Rules of Civil Procedure, submitted by the Civil Procedure Rules Committee. The court approves substantive amendments to multiple rules and forms, effective January 1, 2001.
• Simpson v. Norwesco, Inc.
  583 F.2d 1007· 8th Cir.· 1978-08-31 ·cited 42×
  The court held that a party cannot unilaterally modify an employment contract's commission rate without the other party's consent, and that Simpson's continued work and cashing of checks did not constitute estoppel or acceptance of modification.
• Pompano Paint Co. v. Pompano Beach Bank & Tr. Co.
  208 So. 2d 152· Fla. 4th DCA· 1968-03-19 ·cited 42×
  The court held that a summary judgment was improperly granted because the plaintiff's supporting affidavits did not negate the defendant's affirmative defenses, and the defendant's attorney's affidavit raised a material issue of fact regarding payment.
• Thompson v. Brotherhood OF Sleeping CAR Porters
  316 F.2d 191· 4th Cir.· 1963-03-22 ·cited 42×
  A labor union's statutory duty of fair representation prohibits invidious discrimination against members, even if not based on race, and a plaintiff alleging such discrimination is entitled to a new trial.
• Whiting Stoker Co. v. Chicago Stoker Corp.
  171 F.2d 248· 7th Cir.· 1948-12-03 ·cited 42×
  The court held that the contract was not ambiguous and that the payment made did not constitute an accord and satisfaction for the disputed liability.
• Kohr v. Allegheny Airlines, Inc.
  504 F.2d 400· 7th Cir.· 1974-09-20 ·cited 41×
  The court held that federal law, not Indiana law, governs claims for indemnity and contribution in mid-air collisions, and that settlements do not bar such claims. Res judicata and collateral estoppel were affirmed regarding one defendant.
• E. C. Ernst, Inc. v. Gen. Motors Corp.
  537 F.2d 105· 5th Cir.· 1976-08-16 ·cited 40×
  The court held that its prior decision did not preclude litigation of notice and settlement issues, and that the trial proceedings were free of reversible error, affirming the lower court's judgment.
• Cannon Constr. Co., Inc. v. The United States
  319 F.2d 173· Ct. Cl.· 1963-06-07 ·cited 40×
  A settlement agreement for an equitable adjustment under a "Suspension of Work" clause, which explicitly states it constitutes "full compensation for said delays," acts as an accord and satisfaction, barring subsequent claims for damages, including lost profits, unless expressly
• Urban Plumbing & Heating Co. v. The United States
  408 F.2d 382· Ct. Cl.· 1969-03-14 ·cited 39×
  The court held that the plaintiff signed the supplemental agreement under economic duress and coercion, rendering the release of claims invalid.
• Bankers Tr. Co. v. Pac. Emp'rs Ins. Co.
  282 F.2d 106· 9th Cir.· 1960-08-24 ·cited 39×
  The court held that the appellant's prior action to enforce the insurance contract did not bar a subsequent tort action for fraud in the inducement of that contract, as they are distinct causes of action.
• Cioffe v. Arnold F. Morris & Jet Fingers, Inc.
  676 F.2d 539· 11th Cir.· 1982-05-17 ·cited 37×·via Executory Accord
  The court held that the trial court correctly struck the award based on an account stated theory because the issue was not tried by consent, but reversed the denial of prejudgment interest on contract damages.
• York Chrysler-Plymouth, Inc. v. Chrysler Credit Corp.
  447 F.2d 786· 5th Cir.· 1971-07-20 ·cited 37×
  The court held that Chrysler Corporation should have been dismissed as a defendant because it was not a party to the franchise agreement, but affirmed the judgment against Chrysler Motors Corporation. The court also affirmed the jury verdict against the individual Yorks on their
• George Vining & Sons, Inc. v. Farida R. Jones
  498 So. 2d 695· Fla. 5th DCA· 1986-12-18 ·cited 35×
  The appellate court dismissed an appeal from a trial court's order striking a defendant's untimely response to a petition to enforce a stipulation, finding the underlying "final judgment on stipulation" invalid as it was not a final judgment and exceeded the court's subject matte
• Hannah v. James A. Ryder Corp.
  380 So. 2d 507· Fla. 3d DCA· 1980-02-26 ·cited 35×
  Peter Hannah sued James A. Ryder Corporation to recover over $150,000 in claimed sales commissions on an oral agreement. The trial court granted Ryder summary judgment based on accord and satisfaction, finding Hannah had accepted a $20,000 settlement offer by cashing three checks
• Locafrance U. S. Corp. v. Intermodal Sys. Leasing, Inc.
  558 F.2d 1113· 2d Cir.· 1977-07-21 ·cited 35×
  A release executed in a commercial context is generally interpreted by its plain language, but federal law governs the effect of a release on federal securities claims, requiring an inquiry into the releasor's intent regarding other joint tortfeasors.
• Winter Garden Citrus Growers Ass'n v. Willits
  113 Fla. 131· Fla.· 1933-12-05 ·cited 35×
  Winter Garden Citrus Growers Association and member C.O. Willits appealed cross-writs of error concerning a dispute over a citrus marketing contract. The Supreme Court of Florida affirmed the trial court's judgment, holding that the jury properly determined whether the parties ha
• Hillsborough Grocery Co. v. Leman
  62 Fla. 208· Fla.· 1911-06-01 ·cited 35×
  In this second writ of error review, the Florida Supreme Court affirmed judgment for the plaintiff in a debt collection case, holding that the defendant's rejoinder asserting fraud in a debt settlement lacked the specificity required by law and was properly struck by demurrer.
• Williams v. Pub. Fin. Corp.
  598 F.2d 349· 5th Cir.· 1979-07-05 ·cited 34×
  The court held that the refinancing of prior notes that violated the Georgia Industrial Loan Act does not necessarily render the new notes violative of the Act, allowing recovery for new money advanced.
• Warner v. Donat Rossignol
  513 F.2d 678· 1st Cir.· 1975-04-07 ·cited 34×
  The court held that a settlement agreement, even if binding, does not irrevocably terminate the original cause of action if the defendant repudiates or materially breaches the settlement terms, allowing the plaintiff to elect to rescind.
• N. Helex Co. v. The United States
  455 F.2d 546· Ct. Cl.· 1972-01-21 ·cited 34×
  The court held that the Government's prolonged failure to make payments constituted a material breach of contract, and the plaintiff did not waive this breach by continuing performance under explicit reservation of rights.
• Cleveland J. Stockton and Dorothy Altman Stockton v. Altman
  432 F.2d 946· 5th Cir.· 1970-09-22 ·cited 34×
• Wolowitz v. Thoroughbred Motors, Inc.
  765 So. 2d 920· Fla. 2d DCA· 2000-08-25 ·cited 32×
  Charles Wolowitz purchased a salvage automobile from Thoroughbred Motors with an oral agreement that it would receive a rebuildable title after repair. When Thoroughbred failed to deliver the rebuildable title, Wolowitz sued for breach of contract, fraud, and other claims. The tr
• La Crosse Garment Mfg. Co. v. The United States
  432 F.2d 1377· Ct. Cl.· 1970-10-16 ·cited 32×
  The court held that the plaintiff was entitled to recover on claims II and III, granting partial summary judgment, and denied recovery on other claims.
• Rigopoulos v. Kervan
  140 F.2d 506· 2d Cir.· 1943-11-15 ·cited 32×
  An employer's payment of overdue overtime compensation does not discharge liability for liquidated damages and attorney's fees under the FLSA. The court also found factual disputes regarding employment terms for two plaintiffs, requiring remand.
• Fed. Deposit Ins. Corp. v. Hoover-Morris Enters.
  642 F.2d 785· 5th Cir.· 1981-04-15 ·cited 31×
  The court held that the FDIC is protected from unwritten side agreements by 12 U.S.C. § 1823(e) and federal common law, and that confirmation of a foreclosure sale is not required for out-of-state property under Georgia law.
• Sw. Administrators, Inc. v. Rozay's Transfer
  791 F.2d 769· 9th Cir.· 1986-06-10 ·cited 30×
  Fraudulent inducement of a collective bargaining agreement by a union is not a valid defense for an employer against a trust fund's action to collect delinquent contributions under ERISA.
• Brock & Blevins Co., Inc. v. The United States
  343 F.2d 951· Ct. Cl.· 1965-04-16 ·cited 30×
  An accord and satisfaction was reached when the plaintiff accepted a contract modification for extra work, which included elements of delay damages, thereby barring a subsequent suit for those same delay damages.
• Nev. Half Moon Mining Co. v. Combined Metals Reduction Co.
  176 F.2d 73· 10th Cir.· 1949-07-23 ·cited 30×
  The court held that government subsidy payments received by the mining company for ore production were equivalent to 'net mill or smelter returns' under the contract, and thus subject to royalty payments. The court also held that routine royalty payments did not constitute an acc
• Watkins v. Hudson Coal Co.
  151 F.2d 311· 3d Cir.· 1945-09-05 ·cited 30×
  The court held that the United States Arbitration Act does not apply to contracts of employment for workers engaged in interstate commerce, as these are specifically excepted by the Act's language.
• Bryan v. Fredrick H. Howell
  92 Fla. 295· Fla.· 1926-07-20 ·cited 30×
  Bryan, Keefe & Company sued to recover additional payment from B. H. Howell Son & Company for disputed sugar sales after cashing a check tendered in settlement with conditions. The Florida Supreme Court affirmed the dismissal of the complaint, holding that the declaration failed
• McCABE v. Fla. Power & Light Co.
  68 So. 3d 995· Fla. 4th DCA· 2011-09-07 ·cited 28×
  The court held that the trial court erred in granting summary judgment because the amount of damages remained a disputed factual issue, and the insurer's and FIGA's releases did not bind the plaintiff.
• Home INS. Co. OF NEW York v. Davila
  212 F.2d 731· 1st Cir.· 1954-05-12 ·cited 28×
  The court held that the jury instructions regarding whether the fire losses were caused by insurrection or rebellion were reversibly erroneous, and also found reversible error in the instructions concerning the validity of settlements and releases.
• Goslin v. Racal Data Commc'ns, Inc.
  468 So. 2d 390· Fla. 3d DCA· 1985-04-23 ·cited 27×
  Goslin, a former Milgo employee, sued his employer Racal-Milgo for specific performance of stock options and damages after a corporate merger converted his remaining stock options to cash payments. The court affirmed summary judgment and final judgment for the employer, finding t