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. Leasing, Inc. v. Underwriters AT Lloyd's
  650 F.2d 495· 4th Cir.· 1981-06-02 ·cited 18×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction requiring the underwriters to process insurance claims according to a prior agreement, balancing the severe financial harm to the insured against the minimal harm to the under
• Williams v. Norfolk & W. Ry. Co.
  530 F.2d 539· 4th Cir.· 1975-09-23 ·cited 18×
  The court held that the railroad must recompute the seniority of black brakemen Williams and Russell to grant them the same seniority as white brakemen from the Virginian railroad, as their exclusion from better positions due to race violated § 1981 and Title VII.
• Clinton St. Greater Bethlehem Church v. City OF Detroit
  484 F.2d 185· 6th Cir.· 1973-08-28 ·cited 18×
  The court held that the appellant was not a member of the class in the prior condemnation action and that a settlement agreement between the appellant and the City was valid and binding.
• Mannke v. Benjamin Moore & Co.
  375 F.2d 281· 3d Cir.· 1967-03-29 ·cited 18×
  The court held that the trial court did not err in its jury instructions regarding the validity of a release, nor in opening a default judgment.
• COE v. Diener
  159 So. 2d 269· Fla. 2d DCA· 1964-01-03 ·cited 18×
  Constance Coe appealed an order denying her motion to dismiss a suit by Christine Diener for specific performance of an alleged oral settlement agreement. The Florida appellate court held that oral settlement agreements are enforceable in equity despite the parol evidence rule, a
• Commodity Credit Corp. v. Rosenberg Bros. & Co., Inc.
  243 F.2d 504· 9th Cir.· 1957-03-07 ·cited 18×
  A bidder cannot recover damages based on increased costs due to the Commodity Credit Corporation's adjusted purchases, as bidders are charged with knowledge of the Corporation's statutory duty to adjust operations.
• Limbaugh v. Merrill Lynch
  732 F.2d 859· 11th Cir.· 1984-05-21 ·cited 16×
  Absent contractual or other authorization, a stockbroker cannot unilaterally liquidate a customer's cash account to cover a debt arising from a separate transaction.
• Clem G. Flowers v. Diamond Shamrock Corp.
  693 F.2d 1146· 5th Cir.· 1982-12-20 ·cited 16×
  The court held that endorsing royalty checks without knowledge of a dispute does not constitute accord and satisfaction, and that federal price regulations limit the market value of gas for royalty purposes.
• Eder v. Yvette B. Gervey Interiors, Inc.
  407 So. 2d 312· Fla. 4th DCA· 1981-12-15 ·cited 16×
  The Eders hired Yvette Gervey Interiors to decorate their condominium and disputed the final bill after exceeding the initial $50,000 estimate. The court held that a creditor cannot cash a check marked 'payment in full' while reserving rights under UCC Section 1-207 when the chec
• McGOWAN v. King, Inc.
  616 F.2d 745· 5th Cir.· 1980-05-05 ·cited 16×
  The court held that the district court failed to properly apply the Johnson guidelines when determining attorney's fees for appellate work, necessitating a remand.
• Keppard v. Int'l Harvester Co. & Int'l Union
  581 F.2d 764· 9th Cir.· 1978-09-07 ·cited 16×
  The court held that a union member's failure to exhaust intraunion remedies barred his claim against the union for breach of the duty of fair representation, and that acceptance of a settlement check constituted an accord and satisfaction barring his claim against the employer fo
• Fraass Surgical MFG. Co., Inc. v. The United States
  505 F.2d 707· Ct. Cl.· 1974-11-20 ·cited 16×
  The court held that the statute of limitations issue requires factual resolution, laches is inapplicable, accord and satisfaction bars mitigation claims for two contracts, failure to exhaust administrative remedies is excused for one contract, and a claim for payment under mistak
• DeVILLIERS v. Atlas Corp.
  360 F.2d 292· 10th Cir.· 1966-05-09 ·cited 16×
  The court held that an executory accord, if breached by the debtor, allows the creditor to enforce the original claim, and that a corporate merger triggers Rule 25(c) for substitution of parties.
• Richfield OIL Corp. v. United States
  248 F.2d 217· 9th Cir.· 1957-08-21 ·cited 16×
  The court held that the allegations regarding an oral agreement allowing payment under protest, if proven, could overcome the presumption of a voluntary payment and the parol evidence rule, thus precluding summary dismissal.
• J. Kahn & Co., Inc. v. Clark
  178 F.2d 111· 5th Cir.· 1949-12-02 ·cited 16×
  The court held that a settlement of a disputed claim, even if executory, becomes binding when followed by a credit accepted as satisfaction, and this right, fixed before the war, is not destroyed by it.
• Montgomery Ward & Co. v. Callahan
  127 F.2d 32· 10th Cir.· 1942-03-24 ·cited 16×
  A release obtained through mutual mistake as to the nature and extent of injuries, or through fraud and coercion, can be set aside, and the statute of limitations is tolled by the substitution of a proper party plaintiff.
• Adp-Financial Computer Servs., Inc. v. The First Nat'l Bank OF Cobb Cnty.
  703 F.2d 1261· 11th Cir.· 1983-04-25 ·cited 15×
  The court held that the minimum monthly charge provision in the contract constituted the agreed-upon price for services, not an impermissible penalty, and that the jury's verdict awarding damages and attorney's fees was supported by the evidence.
• J. A. Cantor Assocs., Inc. v. Blume
  106 So. 2d 603· Fla. 3d DCA· 1958-11-18 ·cited 15×
  A Florida appellate court affirmed a judgment for a real estate salesman against his former employer, holding that an accord and satisfaction defense was not conclusively established as a matter of law. The central dispute concerned whether partial payment of disputed commission
• Kline v. The Eugene Berninghaus Co.
  102 Fla. 362· Fla.· 1931-07-07 ·cited 15×
  The Eugene Berninghaus Company sued O. B. Kline to enforce three promissory notes totaling approximately $7,741. Kline filed six pleas asserting various defenses, all of which were demurred to and struck as legally insufficient. The Florida Supreme Court affirmed the judgment for
• Naghtin v. Gadis Jones
  680 So. 2d 573· Fla. 1st DCA· 1996-09-04 ·cited 14×
  This case addresses the appellate jurisdiction to review a trial court's non-final order denying a motion to enforce a settlement agreement in a personal injury lawsuit. The appellate court dismissed the appeal, holding that it lacks jurisdiction to review non-final orders constr
• Mortell v. Keith
  528 So. 2d 1362· Fla. 3d DCA· 1988-08-09 ·cited 14×
• S.E.R. v. United States
  759 F.2d 1· Fed. Cir.· 1985-03-28 ·cited 14×
  The court held that it has jurisdiction over the appeal and that the case must be remanded to the Board of Contract Appeals for further findings of fact regarding the defense of laches.
• Hatcher v. Panama City Nursing Ctr., Inc.
  461 So. 2d 288· Fla. 1st DCA· 1985-01-08 ·cited 14×
  Dr. Hatcher sought specific performance of a contract to purchase a nursing home after the seller returned his earnest money deposit and terminated the deal. The appellate court affirmed summary judgment denying specific performance based on the contract's liquidated damages clau
• Hermanowski v. Naranja Lakes Condo. NO. Five, Inc.
  421 So. 2d 558· Fla. 3d DCA· 1982-09-28 ·cited 14×
  A cable television service provider cannot recover in quantum meruit for enhanced services provided to a condominium association absent a meeting of the minds on rates and services, where the provider failed to secure written board approval and acted as an officious provider.
• Bernardin, Inc. v. Midland OIL Corp.
  520 F.2d 771· 7th Cir.· 1975-07-31 ·cited 14×
  The court held that a parent corporation (Midland) could be held jointly liable for its subsidiary's (Zestee) debt when the subsidiary was a mere instrumentality of the parent, and piercing the corporate veil was equitable.
• Roscoe-Ajax Constr. Co., Inc. v. The United States
  499 F.2d 639· Ct. Cl.· 1974-06-19 ·cited 14×
  The court held that the treatment of a controversy by the parties and the Board should be the primary factor in determining if it constitutes a single dispute for purposes of the S & E decision.
• Petrofsky v. The United States
  488 F.2d 1394· Ct. Cl.· 1973-12-19 ·cited 14×
  The court held that the loading charge was to be assessed on a gross-weight basis, but the purchase price refund for undelivered powder was to be calculated on a net-weight basis.
• State Rd. Dep't v. Houdaille Indus., Inc.
  237 So. 2d 270· Fla. 1st DCA· 1970-07-07 ·cited 14×
  The State Road Department appeals a judgment awarding damages to contractors for work on the Everglades Parkway (Alligator Alley) projects. The court upheld the trial court's finding that the Road Department's inaccurate soil surveys and plans materially misrepresented ground con
• Markel Serv., Inc. v. Nat'l Farm Lines
  426 F.2d 1123· 10th Cir.· 1970-05-22 ·cited 14×
  The court held that the insured bore the loss for unpaid premiums due to the intermediary agency's default, and that the insurer could recover the premiums despite licensing issues or a disputed refund.
• United States v. L. N. White & Co., Inc.
  359 F.2d 703· 2d Cir.· 1966-03-10 ·cited 14×
  The court held that the buyer was liable for commingled storage charges at the rate in effect between the warehouse and the CCC, and that a partial payment did not constitute an accord and satisfaction.
• L. W. Foster Sportswear Co., Inc. v. Goldblatt Bros., Inc.
  356 F.2d 906· 7th Cir.· 1966-02-02 ·cited 14×
  The court held that the trial court erred in granting judgment notwithstanding the verdict on Count I, and that statutory interest should be allowed on both counts from the date the amounts became due.
• The J. F. White Eng'g Corp. v. United States for the Use of Pittsburgh Plate Glass Co.
  311 F.2d 410· 10th Cir.· 1962-12-22 ·cited 14×
  The court held that the subcontractor was not obligated to perform further cleaning necessitated by other workmen's activities after its initial work was completed and accepted.
• Brewer v. Northgate OF Orlando, Inc.
  143 So. 2d 358· Fla. 2d DCA· 1962-07-06 ·cited 14×
  The Brewers (lessors) leased property to Cleary, Whalen, and Howard Cleary (lessees) under a ten-year Freezette franchise lease but later refused to construct the required building, claiming they could not obtain financing. The court held the lessors committed an anticipatory bre
• In re Kellett Aircraft Corp.
  191 F.2d 231· 3d Cir.· 1951-08-10 ·cited 14×
  The court held that Coldaire's claim for the $40,260 paid for tools was released by the October contract, but its claim for the value of the drawings was not.
• United Auto. Ins. Co. v. Palm Chiropractic Ctr., Inc.
  51 So. 3d 506· Fla. 4th DCA· 2010-12-08 ·cited 13×
  United Automobile Insurance Company sought certiorari review of a circuit court's affirmance of summary judgment in favor of Palm Chiropractic Center regarding disputed Personal Injury Protection benefits. Although the district court found the circuit court committed legal error
• Elio Pino v. Union Bankers Ins. Co.
  627 So. 2d 535· Fla. 3d DCA· 1993-11-09 ·cited 13×
  Elio Pino appeals a summary judgment denying his insurance claim after the insurer unilaterally rescinded his health insurance policy by letter and refund check. The court reverses, holding that a unilateral announcement of rescission does not constitute accord and satisfaction m
• Bowling v. United States
  510 F.2d 112· 5th Cir.· 1975-03-21 ·cited 13×
  In a community property state like Texas, each spouse must report and is liable for federal income tax on one half of the community earnings.
• Aveta Inc. v. C.A. No. 3598-VCL Roberto L. Bengoa
  2008 WL 5255818· Del. Ch.· 2009-12-24 ·cited 12×
  The court held the defendant in contempt for failing to comply with a prior order compelling arbitration. The court rejected the defendant's arguments that the Total Proposal novated the original purchase agreement or that the court lacked jurisdiction to enforce its order. Sanct
• ST. Mary's Hosp., Inc. v. Schocoff
  725 So. 2d 454· Fla. 4th DCA· 1999-02-10 ·cited 12×
  St. Mary's Hospital sought to recover unpaid insurance benefits from a patient's insurer. The trial court granted summary judgment for the insurer based on an accord and satisfaction defense, but the appellate court reversed, finding that genuine factual issues existed regarding
• Fed. Deposit Ins. Corp. v. Manatt
  922 F.2d 486· 8th Cir.· 1991-01-03 ·cited 12×
  The court held that the Mutual Agreement did not meet the contemporaneous requirement of 12 U.S.C. § 1823(e)(2) because it was not executed at the same time the notes were transferred to the bank.
• Harold B. Calder and Dorothy v. Calder
  892 F.2d 629· 7th Cir.· 1990-01-02 ·cited 12×
  The court held that the district court correctly determined that the bankruptcy court improperly relied on parol evidence to find that a prior guaranty was released by later, integrated, and unambiguous loan documents.
• Hagerman v. Yukon Energy Corp.
  839 F.2d 407· 8th Cir.· 1988-02-09 ·cited 12×
  The court held that the defendant failed to raise a genuine issue of material fact regarding oral modification or accord and satisfaction, and that the issue of unregistered shares was raised too late. Therefore, summary judgment for the plaintiff was affirmed.
• Dominick v. Dixie Nat'l Life Ins. Co.
  809 F.2d 1559· 11th Cir.· 1987-02-18 ·cited 12×
  The court held that the trial court erred in granting summary judgment based on releases that may have been fraudulently induced and that the statute of limitations issue requires further factual determination.
• GUY James Constr. Co. v. Trinity Indus., Inc.
  644 F.2d 525· 5th Cir.· 1981-05-08 ·cited 12×
  The court held that the election of remedies doctrine did not bar the suit, the early delivery premium was a proper damage element, and liquidated damages were calculated correctly. However, prejudgment interest on the full original claim was improperly awarded, and home office o
• Glass Containers Corp. v. Miller Brewing Co.
  643 F.2d 308· 5th Cir.· 1981-04-22 ·cited 12×
  The court held that the defendant waived its affirmative defense by failing to plead it and that the plaintiff was entitled to attorney's fees under a subsequently amended statute applied retroactively.
• Markowitz & Co. v. Toledo Metro. Hous. Auth.
  608 F.2d 699· 6th Cir.· 1979-11-13 ·cited 12×·via Executory Accord
  The court affirmed the trial court's judgment, holding that TMHA breached its lease and sale agreements with Markowitz, and that the damages awarded were proper.
• Julius Goldman's Egg City v. The United States
  556 F.2d 1096· Ct. Cl.· 1977-06-15 ·cited 12×
  The court held that judicial review of indemnity payments is available, but only to determine if the administrative computation was arbitrary, capricious, an abuse of discretion, or contrary to law. The court also found that triable issues of fact existed regarding the plaintiff'
• Fitch v. Galen Doke
  532 F.2d 115· 8th Cir.· 1976-03-24 ·cited 12×
  The court held that the trial court erred in refusing to submit the interpretation of an ambiguous contract provision to the jury.
• COX v. The Fremont Cnty. Pub. Bldg. Auth.
  415 F.2d 882· 10th Cir.· 1969-09-03 ·cited 12×
  The court held that arbitration was not a condition precedent to suit because no dispute requiring arbitration arose, and that the County was a proper party as a third-party beneficiary.
• Sessions v. Summers
  177 So. 2d 720· Fla. 1st DCA· 1965-07-20 ·cited 12×
  The executor of a deceased debtor's estate appealed a judgment against him on a $15,000 loan claim, arguing the trial court erred in admitting testimony violating Florida's Dead Man's Statute. The appellate court affirmed, holding that the executor waived the statute's protection