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

• Pirrone v. Monarch Wine Co. OF Ga.
  497 F.2d 25· 5th Cir.· 1974-07-10
  The court held that the jury's verdict for damages related to delays in 1968 deliveries and the failure to accept surplus brandy was supported by evidence, but the verdict for lost profits on the 1969 crop was not, as the parties had mutually agreed to terminate that portion of t
• Ranco Fertiservice, Inc. v. Delmar F. Laursen
  456 F.2d 988· 8th Cir.· 1972-03-28
  The court held that the award of attorneys' fees and punitive damages was improper due to insufficient evidence and the nature of the claim, and reversed the judgment accordingly.
• Dockhorn v. Kincaid
  250 So. 2d 646· Fla. 2d DCA· 1971-07-23
• Labrecque v. Alec W. Niconchuk
  442 F.2d 1094· 1st Cir.· 1971-05-10
  The court held that there was sufficient evidence for a jury to conclude that a definite oral contract existed, and therefore, the directed verdict was improper.
• Harrison v. Gooden
  439 F.2d 1070· 1st Cir.· 1971-03-25
  The court held that an attorney's contingency fee is not earned when a settlement is revoked before satisfaction, even if the client initially authorized it.
• Westminster Investing Corp. v. The Equitable Assurance Soc'y of the United States
  443 F.2d 653· D.C. Cir.· 1970-11-20
  A lender may require payment of unearned interest computed to the earliest authorized prepayment date when a borrower prepays a note between regular installment due dates, absent a contrary contractual provision.
• Cody v. Beckman Instruments, Inc.
  433 F.2d 1260· 1st Cir.· 1970-11-10
  The court held that the plaintiff was entitled to a commission on the General Electric expansion sale, as the district court's finding that it was covered by the prior settlement was clearly erroneous.
• Waldemar P. Thomson v. The United States (two cases)
  394 F.2d 521· Ct. Cl.· 1968-05-10
  The court adopted the commissioner's findings, awarding the plaintiff damages for breach of contract in one case and denying recovery in the other.
• Smith v. Martin
  336 F.2d 142· 10th Cir.· 1964-08-20
  The court held that the intent of the parties regarding whether a payment into court constituted a settlement offer and acceptance must be determined by the trial court.
• Kane Realty v. Rosen Realty
  23 Fla. Supp. 76· Dade Cty. Small Cl. Ct.· 1964-03-24
  Kane Realty sued Rosen Realty to recover an unpaid commission share from a forfeited real estate deposit. The court held that the original commission-sharing agreement between the cooperating brokers governed the division of the forfeited deposit, and that Rosen Realty's check wi
• The Fluor Corp., Ltd. v. Ill. Power Co.
  326 F.2d 374· 7th Cir.· 1964-01-09
  The court held that the special master's findings, adopted by the district court, were not clearly erroneous, and that Fluor had substantially performed its cost-plus contract and was entitled to the unpaid balance, while Illinois Power's counterclaim for breach of contract was p
• Pauline P. Burns Tr. v. Meccia
  151 So. 2d 289· Fla. 2d DCA· 1963-03-06
  The appellate court affirmed the trial court's judgment for the plaintiff on an account balance but remanded the case to require the plaintiff to return an unrecorded deed held for the defendant.
• Monolith Portland Cement Co. v. Douglas OIL Co. OF Cal.
  303 F.2d 176· 9th Cir.· 1962-01-18
  The court held that the contract was a maximum-minimum contract, not a requirements contract, and that the force majeure clause did not excuse Monolith's breach due to economic conditions.
• Gen. Freight Transp. Co., Inc. v. Riss & Co., Inc.
  297 F.2d 463· 7th Cir.· 1961-12-28
  The court held that the finding of a second agreement was clearly erroneous and that the dispute was resolved by accord and satisfaction concerning a single agreement.
• LA Fitte Co. v. United Fuel GAS Co.
  284 F.2d 845· 6th Cir.· 1960-12-14
  The court held that the lease was not ambiguous regarding market price and place, and the trial court correctly applied precedent to determine royalty payments based on the wellhead value.
• Sw. Indus. Prods. Co. v. Chippewa Molding, Inc.
  263 F.2d 402· 5th Cir.· 1959-01-20
  The dissenting judge believes the trial court's judgment for the plaintiff was correct and should not be reversed.
• Deal v. Fed. Hous. Admin. (Defendant)
  260 F.2d 793· 8th Cir.· 1958-10-28
  The court held that plaintiffs had no vested right to excess project funds due to statutory amendments and the nature of the housing legislation, and that Northwestern's claim was barred by accord and satisfaction and assignment.
• The CASA Marina Hotel Co. v. Barnes
  105 So. 2d 204· Fla. 3d DCA· 1958-09-16
  The court held that a debtor's prepayment of a debt, which was for the debtor's convenience and did not confer a benefit on the creditor, does not constitute sufficient consideration for the creditor's promise to refund accrued interest.
• Gelb v. Aronovitz
  98 So. 2d 375· Fla. 2d DCA· 1957-11-20
  Gelb appeals the dismissal of his amended complaint against Aronovitz for unpaid property taxes under a real estate purchase contract. The court reversed, holding that Gelb stated a valid cause of action for the seller's pro rata share of 1954 taxes that increased due to municipa
• Cont'l Ins. Co. v. Dunne
  226 F.2d 471· 9th Cir.· 1955-10-18
  The court held that a release signed on a check for $500 was only for liability under that specific policy, and that the $500 payment should have been deducted from the total damages awarded.
• Friedman v. Grp. Hospitalization, Inc.
  220 F.2d 827· D.C. Cir.· 1955-03-31
  The court held that when the last day of a grace period for insurance premium payment falls on a Sunday or legal holiday, the payment is valid if made on the next succeeding business day.
• Stephens v. United States Steel Corp.
  212 F.2d 705· 5th Cir.· 1954-05-14
  The court held that an employer can deduct amounts paid to third parties at an employee's request, even if those requests involve future wages, because the employee cannot benefit from payments made on their behalf while simultaneously denying the validity of the authorization.
• McGEE v. Reconstr. Fin. Corp.
  195 F.2d 396· 5th Cir.· 1952-03-22
  The collateral agreements, which secured all present and future indebtedness, subjected the pledged securities to foreclosure for the $230,000 note, and the assignment of the note did not release the collateral.
• Commissioner of Internal Revenue v. Stanley Co. of Am.
  185 F.2d 979· 2d Cir.· 1951-01-04 ·via Executory Accord
  The court held that the taxpayer realized a taxable gain when it exchanged its own mortgage bonds for a larger face value of another corporation's bonds, as the transaction effectively reduced the taxpayer's liabilities.
• Willard C. Beach Air Brush Co. v. Gen. Motors Corp.
  184 F.2d 569· 3d Cir.· 1950-10-17
  An order of discontinuance entered solely on the consent of counsel who no longer represented the plaintiff is invalid and should be vacated.
• Mfrs. Trading Corp. v. Harding
  181 F.2d 609· 7th Cir.· 1950-04-19
  The court held that the guarantors were discharged from their obligations because the plaintiff was fully reimbursed for its investment in the accounts receivable, and the accounts were reassigned to the original assignor.
• Falk v. Levy
  180 F.2d 562· 2d Cir.· 1950-02-24 ·via Executory Accord
  The court held that usurious notes do not extinguish prior valid obligations and that payments on usurious notes can toll the statute of limitations on the original debt.
• Fid. Tr. Co. v. Colonial Tr. Co. of Pittsburgh
  175 F.2d 100· 3d Cir.· 1949-05-06
  A statutory compromise of a shareholder's liability to a defunct bank is effective upon court approval, not the date of tender, and any increase in asset value before approval accrues to the shareholder.
• Alder v. Consumers Co.
  152 F.2d 696· 7th Cir.· 1945-12-20
  The court held that the trial court's findings of fact regarding procuring cause and accord and satisfaction were supported by substantial evidence, but reversed the award of interest.
• Kent v. Buchanan
  149 F.2d 289· D.C. Cir.· 1945-03-19
  The court held that defenses based on the plaintiff's prior fraudulent divorce and undisclosed prior unchastity, as well as accord and satisfaction, should not have been stricken by the trial court.
• Peavy-Welsh Lumber Co., Inc. v. Hendrix
  139 F.2d 403· 4th Cir.· 1943-12-22
  The court held that cashing a check with a notation of full settlement, despite protests, constitutes a transaction and compromise under Louisiana law, barring a claim for the disputed amount.
• Sears Roebuck & Co. v. McClure
  150 Fla. 667· Fla.· 1942-05-26
  Sears Roebuck sued J. S. McClure on a promissory note for approximately $1,482. McClure defended on the grounds that a Federal Land Bank loan and assignment of lease rentals constituted full payment and discharge of the debt. The Florida Supreme Court reversed the judgment for Mc
• Whiting v. United States
  122 F.2d 196· D.C. Cir.· 1941-05-19
  The court held that the insured's acceptance of disability rulings and benefits, along with surrender of the policy, irrevocably settled his rights and barred his beneficiary/estate from further claims.
• Johnston v. Hawkinson
  119 F.2d 110· 8th Cir.· 1941-04-23
  The court held that the plaintiff presented sufficient prima facie evidence that the release was obtained by fraudulent misrepresentations regarding the defendant's financial condition, thus the trial court erred in directing a verdict for the defendant.
• King v. Elisabeth Boeck
  139 Fla. 836· Fla.· 1939-07-25
  King appeals a judgment in favor of Boeck for unpaid rent under a three-year commercial lease. The court affirms, holding that the defendant failed to establish his affirmative defense of accord and satisfaction by preponderance of evidence.
• Reliance Fertilizer Co. v. Davis
  119 Fla. 313· Fla.· 1935-05-13
  Reliance Fertilizer Company sued J. A. Davis on a promissory note. The trial court sustained Davis's demurrers to his pleas, and the Florida Supreme Court reversed, holding that Davis's pleas—which attempted to set up parol agreements contradicting the written note—constituted no
• The Praetorians v. Taunton
  119 Fla. 679· Fla.· 1935-04-08
  The Florida Supreme Court upheld a beneficiary's right to recover the full balance due under a life insurance policy despite having signed a release accepting partial payment. The court held that where an insurance company lacks a bona fide basis to deny liability, a release sign
• Kart v. Alexander
  108 Fla. 117· Fla.· 1933-01-18
  Sam Kart appealed the trial court's order striking his affirmative defense in a truck repossession and lien foreclosure case. The Florida Supreme Court reversed, holding that Kart's allegations of accord and satisfaction—based on alleged warranties and his return of the defective