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

• Fed. Deposit Ins. Corp. v. Gulf Life Ins. Co.
  737 F.2d 1513· 11th Cir.· 1984-08-01 ·cited 27×
  The FDIC is entitled to 100% of unearned premium refunds from Gulf Life, as Gulf Life's defenses are barred by 12 U.S.C. § 1823(e) and federal common law, and Vonna Jo Gregory's appeal fails due to lack of proof of bankruptcy discharge.
• Cent. Nat'l Bank OF Miami v. Cent. Bancorp., Inc.
  411 So. 2d 358· Fla. 3d DCA· 1982-03-30 ·cited 27×
  Central National Bank of Miami appeals from a judgment ordering specific performance of an oral agreement not to use the word 'Central' in its business name. The court affirms, holding that state courts have concurrent jurisdiction over such disputes and that the oral agreement w
• Delhomme Indus., Inc. v. Houston Beechcraft, Inc.
  669 F.2d 1049· 5th Cir.· 1982-03-11 ·cited 27×
  The court held that the choice of law provision in the second agreement, requiring application of Kansas law, was valid and enforceable, and that the buyer had waived implied warranties under Kansas law.
• In re Merrill v. Walter E. Heller & Co. OF Ala.
  594 F.2d 1064· 5th Cir.· 1979-05-14 ·cited 27×
  The court held that collateral estoppel did not bar claims of fraud and conversion, and that while the dischargeability issue was not a jury issue, the issues of liability and amount were.
• McGEHEE v. Mata
  330 So. 2d 248· Fla. 3d DCA· 1976-04-13 ·cited 27×
  Clara McGehee invested $7,888.15 in the Matas' wig business on allegedly false representations about returns. When the Matas offered a settlement of $3,000 conditioned on McGehee executing a general release, McGehee cashed the check and transferred her stock but refused to sign t
• Trnka v. Elanco Prods. Co.
  709 F.2d 1223· 8th Cir.· 1983-06-17 ·cited 26×
  The court held that a signed settlement agreement releasing the manufacturer from liability in exchange for a refund of herbicide was a binding contract, barring the plaintiff's subsequent claims.
• Cent. Soya Co., Inc. v. Epstein Fisheries, Inc.
  676 F.2d 939· 7th Cir.· 1982-04-27 ·cited 26×
  The court held that the value of a dismissed counterclaim, when exchanged for dismissal of the creditor's claim, is a factual question that can discharge a guarantor if it fully satisfies the underlying debt.
• Best Concrete Corp. v. Oswalt Eng'g Serv. Corp.
  188 So. 2d 587· Fla. 2d DCA· 1966-06-29 ·cited 26×
  A check for $39,334.69 marked 'payment of account in full to date' does not operate as an accord and satisfaction when the parties' correspondence shows disputes regarding other invoices and amounts not included in the check.
• The Life Ins. Co. OF Va. v. Leroy J. Shifflet de bonis non of the Estate of Florence I. Shifflet
  359 F.2d 501· 5th Cir.· 1966-04-21 ·cited 26×
  The court held that under Florida law, an insurance policy cannot be voided by incorrect statements in an application unless they are fraudulent or material and made with knowledge of their falsity; a good faith mistake is insufficient.
• Durasteel Co. v. Great Lakes Steel Corp.
  205 F.2d 438· 8th Cir.· 1953-06-29 ·cited 26×
  The court held that the plaintiff's actions, including accepting shipments under new contracts and later agreeing to cancel all existing orders without reservation, constituted a waiver of any claims for breach of the original contracts.
• Robinson v. City of Miami
  138 Fla. 696· Fla.· 1939-06-23 ·cited 26×
  Robinson sued Miami for return of $3,498.95 he deposited with the city's Director of Finance for purchase of tax certificates. The trial court directed a verdict for Robinson, but the Circuit Court reversed and ordered a new trial, finding the city had validly returned the money
• PNC Bank, N.A. v. Progressive Emp'r Servs. II
  55 So. 3d 655· Fla. 4th DCA· 2011-02-16 ·cited 25×
  PNC Bank appealed a summary judgment in favor of Progressive Employer Services and related entities, who sought recovery of a $153,048.28 charge imposed for failing to provide the required ninety days' advance notice before early terminating a two-year credit agreement. The court
• Am. Viking Contractors, Inc. v. Scribner Equip. Co., Inc.
  745 F.2d 1365· 11th Cir.· 1984-11-05 ·cited 25×
  The court held that summary judgment was proper because the alleged restructuring agreement was too indefinite to be enforceable, and the personal guaranty was for an antecedent debt, thus precluding defenses of failure of consideration, accord and satisfaction, estoppel, and fra
• Rudick v. Rudick
  403 So. 2d 1091· Fla. 3d DCA· 1981-09-15 ·cited 25×
  Bert Rudick appeals from a trial court order requiring him to pay his ex-wife's remaining attorney's fees and costs, claiming accord and satisfaction. The Florida appellate court reversed, finding that when the ex-wife's counsel cashed checks marked "balance in full" without rese
• Roberts v. Browning
  610 F.2d 528· 8th Cir.· 1979-12-06 ·cited 25×
• McKENNA v. Austin
  D.D.C.· 1943-02-11 ·cited 25×
  The court held that a release of one joint tortfeasor, even with a reservation of rights against others, operates as a matter of law to release all tortfeasors, including independent and concurring ones.
• Howard v. The Pensacola & Atl. R.R. Co.
  24 Fla. 560· Fla.· 1888-06-01 ·cited 25×
  Howard sued the Pensacola and Atlantic Railroad Company for breach of contract regarding payment for construction work performed under a July 1881 contract. The central dispute concerned the proper method of measuring excavated earth work, with Howard claiming he was underpaid du
• Sanford v. A. St.-Clair Abrams
  24 Fla. 181· Fla.· 1888-01-01 ·cited 25×
  In this assumpsit action for services rendered as a real estate agent, the Florida Supreme Court reversed a jury verdict and granted a new trial, holding that whether the defendant's payment of $2,000 constituted accord and satisfaction of plaintiff's unliquidated claim was a que
• Fed. Deposit Ins. Corp. v. Kasal
  913 F.2d 487· 8th Cir.· 1990-08-31 ·cited 24×
  The FDIC is not bound by unrecorded agreements that diminish its interest in a bank asset, but a customer can prove actual payments or misappropriations against the FDIC.
• In re Henderson v. Century Fin. Co.
  577 F.2d 997· 5th Cir.· 1978-08-07 ·cited 24×
  The court held that a bankruptcy trustee's delay in objecting to creditor claims did not bar the objections under the Rules of Bankruptcy Procedure or equitable principles, as the claims were void under the Georgia Industrial Loan Act.
• Chaney & James Constr. Co., Inc. v. The United States
  421 F.2d 728· Ct. Cl.· 1970-02-20 ·cited 24×
  The court held that a contractor can recover delay damages under the Suspension of Work clause for delays caused by defective specifications, even if the delay did not affect overall project completion, and that the Panel's standard for review was incorrect.
• Irwin L. Langbein v. Comerford
  215 So. 2d 630· Fla. 4th DCA· 1968-11-20 ·cited 24×
  A unilateral mistake of fact may support recovery and set aside a general release when the mistake goes to the substance of the agreement, is not the result of lack of due care, and the other party has not relied upon it to their detriment. A release executed under mutual mistake
• Addressograph-Multigraph Corp. v. Cooper
  156 F.2d 483· 2d Cir.· 1946-07-18 ·cited 24×
  The dissenting judge argues that a prior court decree adjudging a patent valid should not be treated as a nullity, even if the defendants have resorted to a corporate artifice and the patent's scope is small.
• Milgard Tempering, Inc. v. Selas Corp. OF Am.
  902 F.2d 703· 9th Cir.· 1990-04-24 ·cited 23×
  The court held that the limited repair remedy failed of its essential purpose, thus invalidating the contractual cap on consequential damages, and affirmed the trial court's damage award.
• Moseley v. Ellis
  849 F.2d 264· 7th Cir.· 1988-05-25 ·cited 23×
  The court held that arbitrators did not exceed their authority by determining partnership liability, nor did they deny due process, and affirmed the confirmation of the arbitration award.
• May v. Gamble
  14 Fla. 467· Fla.· 1874-04-01 ·cited 23×
  A promissory note is not a payment of a pre-existing debt unless there is an express agreement to receive it in payment or circumstances from which such an agreement can be inferred; here, the new notes were never delivered to or accepted by the plaintiff as payment, and the two
• Stein v. Mutuel Clerks' Guild OF Mass., Inc.
  560 F.2d 486· 1st Cir.· 1977-08-17 ·cited 22×
  The court held that the Guild's expulsion procedures violated the LMRDA's requirement for a full and fair hearing, and that the district court properly exercised jurisdiction and awarded damages.
• Hunt v. Pick
  240 F.2d 782· 10th Cir.· 1957-01-16 ·cited 22×
  The court held that the doctrine of laches barred the plaintiffs' claims for an accounting of profits from uranium claims.
• Edward E. Morgan Co., Inc. v. United States
  230 F.2d 896· 5th Cir.· 1956-02-23 ·cited 22×
  The court held that the trial court erred in admitting evidence of custom and in refusing to give proper jury instructions regarding contract interpretation.
• Fleming v. Post
  146 F.2d 441· 2d Cir.· 1944-12-14 ·cited 22×
  The court held that a release of back wages and liquidated damages under the FLSA is invalid, and that trustee liability is limited to the period of the trust.
• Yelen v. Cindy's, Inc.
  386 So. 2d 1234· Fla. 3d DCA· 1980-07-15 ·cited 21×
  Mitchell Yelen, acting as trustee for investors, paid a $10,000 franchise fee to Cindy's, Inc. and later sought rescission and return of funds for alleged violations. After Cindy's offered a settlement check for $6,000 with a restrictive endorsement and mutual release agreement,
• N. Helex Co. v. The United States
  524 F.2d 707· Ct. Cl.· 1975-10-22 ·cited 21×
  The court disagreed with the dissenting judge regarding the deduction of estimated cost savings from the contract price owed by the buyer.
• Union Producing Co. v. Pardue
  117 F.2d 225· 5th Cir.· 1941-01-16 ·cited 21×
  The court held that the lessee's acceptance of monthly payments did not constitute accord and satisfaction or estoppel, and that the lessor was not entitled to additional royalties for gasoline extracted from the gas, as title to the gas passed to the lessee at the well.
• NRM Corp. v. Hercules Inc.
  758 F.2d 676· D.C. Cir.· 1985-03-29 ·cited 20×
  The court held that the existence of genuine and material issues of fact regarding the parties' intent concerning delay and disruption costs makes summary disposition improper.
• Baum v. Great W. Cities, Inc.
  703 F.2d 1197· 10th Cir.· 1983-03-09 ·cited 20×
  The court held that the trial court did not err in refusing to instruct the jury on the breach of contract claim, as the parol evidence rule barred oral representations that contradicted the integrated written agreement. The court also found that the jury's verdicts on fraud and
• United States v. AETNA Cas. & Sur. Co.
  480 F.2d 1095· 8th Cir.· 1973-06-29 ·cited 20×
  A sham settlement agreement intended to deceive a third party is unenforceable, and a surety cannot claim estoppel based on reliance on such a sham if it had sufficient notice of the underlying claim and failed to exercise due care.
• COX v. City OF Freeman
  321 F.2d 887· 8th Cir.· 1963-07-19 ·cited 20×
  An accord and satisfaction between a contractor and a city, which settles the city's contractual and respondeat superior liability for an engineer's alleged negligence, also releases the engineer from liability.
• Ark. Valley Feed Mills, Inc. v. FOX DE Luxe Foods, Inc.
  273 F.2d 804· 8th Cir.· 1960-01-22 ·cited 20×
  The court held that the president and general manager had actual authority to execute a cancellation agreement for the corporation, binding the corporation to the agreement.
• Saulsbury Oil Co. v. Phillips Petroleum Co.
  142 F.2d 27· 10th Cir.· 1944-03-21 ·cited 20×
  The court held that title to casinghead gas passed to Phillips upon delivery, Phillips had an option but not an obligation to take gas from certain wells, and Phillips was entitled to extract butanes and propanes as permitted products.
• Chappell v. Peyton J. Watson
  119 Fla. 711· Fla.· 1935-04-17 ·cited 20×
  The Florida Supreme Court affirmed a lower court's decision to overrule a motion to dismiss a suit seeking to cancel the satisfaction of a mortgage. The court found the bill of complaint sufficiently alleged mutual mistake and did not demonstrate accord and satisfaction or preclu
• Wilson v. Dibble
  14 Fla. 47· Fla.· 1872-01-01 ·cited 20×
  In this 1872 Florida Supreme Court case, the court upheld a jury verdict in a dispute between Wilson and Dibble regarding whether a settlement receipt constituted full payment of a debt, finding no grounds to overturn the jury's judgment despite some conflicting evidence.
• Smith-Weik Mach. Corp. v. Murdock Mach. & Eng'g Co.
  423 F.2d 842· 5th Cir.· 1970-03-30 ·cited 19×
  The court held that the trial court abused its discretion by denying the defendant's motion for a continuance based on the principal counsel's illness, which severely prejudiced the defendant.
• Citizens Prop. Ins. Corp. v. River Manor Condo. Ass'n, Inc.
  125 So. 3d 846· Fla. 4th DCA· 2013-04-10 ·cited 18×
  Citizens Property Insurance Corporation appealed a trial court judgment confirming an appraisal award for Hurricane Wilma damage to a condominium complex, arguing the award improperly included excluded property and failed to apply contractual defenses. The Fourth District Court o
• Martinez v. South Bayshore Tower
  979 So. 2d 1023· Fla. 3d DCA· 2008-03-05 ·cited 18×
  Purchasers of pre-construction condominium units sought reversal of summary judgment after the developer returned their deposits with checks bearing accord and satisfaction language. The court affirmed, holding that by cashing the checks, the purchasers accepted the developer's o
• Tausinger v. Woodlawn Park Assocs.
  681 So. 2d 745· Fla. 2d DCA· 1996-06-28 ·cited 18×
• Transpower Constructors v. Grand River DAM Auth.
  905 F.2d 1413· 10th Cir.· 1990-06-15 ·cited 18×
  The court affirmed the trial court's rulings, holding that the jury's damage award was not speculative, the contract did not bar Transpower's claims, and the indemnity clause did not shield Benham from liability for its own negligence absent a clear showing of intent.
• Republic Funding Corp. OF Fla. v. Juarez
  563 So. 2d 145· Fla. 5th DCA· 1990-05-31 ·cited 18×
  This case concerns whether a real estate broker's acceptance of a partial payment constituted an accord and satisfaction, thereby discharging the owner's full commission obligation. The appellate court reversed the summary judgment, finding that a genuine dispute of material fact
• Jaffe v. Grant
  793 F.2d 1182· 11th Cir.· 1986-07-18 ·cited 18×·via Executory Accord
  The court affirmed the district court's judgment, holding that it had jurisdiction over the counterclaim and properly gave full faith and credit to the state court's judgment, and that the sanctions imposed were just.
• Lexine Perdue v. ROY Stone Transfer Corp.
  690 F.2d 1091· 4th Cir.· 1982-10-05 ·cited 18×·via Executory Accord
  The dissenting judge would affirm the dismissal for lack of jurisdiction due to the absence of a right-to-sue letter, arguing the EEOC should have been joined as a party.
• Carlson Mach. Tools, Inc. v. Am. Tool, Inc.
  678 F.2d 1253· 5th Cir.· 1982-06-23 ·cited 18×
  The court held that a manufacturer's substitution of distributors, absent further evidence, is a vertical non-price restraint subject to rule of reason analysis, and that a distributor raised genuine issues of material fact regarding breach of contract claims.