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

• Douglas v. United States Tobacco Co.
  670 F.2d 791· 8th Cir.· 1982-02-10 ·cited 6×
  A general release discharging "all other persons, firms, corporations..." satisfies the Uniform Contribution Among Tortfeasors Act's requirement that a release "so provides" to discharge other tortfeasors, and parol evidence is inadmissible to vary an unambiguous release.
• First Nat'l Bank OF the Upper Keys v. Caribe Equip. Corp.
  378 So. 2d 19· Fla. 3d DCA· 1979-11-27 ·cited 6×
  First National Bank sued Caribe Equipment Corporation and its guarantors on six promissory notes. The defendants raised the defense of accord and satisfaction, and a jury found in their favor. The bank appealed, arguing it was entitled to a directed verdict, but the appellate cou
• Larsen v. Einar C. Erickson
  549 F.2d 1136· 8th Cir.· 1977-02-01 ·cited 6×
  Summary judgment was improperly granted because genuine issues of material fact existed regarding the formation of an oral agreement and its effect under Minnesota law.
• Marcario Chavez v. Kennecott Copper Corp.
  547 F.2d 541· 10th Cir.· 1977-01-11 ·cited 6×
  The court held that the New Mexico Workmen's Compensation Act provides the exclusive remedy for a denial of benefits, and a settlement of a claim under the Act bars subsequent claims for bad faith denial.
• Albright v. R. J. Reynolds Tobacco Co.
  531 F.2d 132· 3d Cir.· 1976-02-13 ·cited 6×
  A federal court's jurisdiction upon removal is determined by the pleadings at the time of removal, and subsequent events reducing the amount in controversy do not divest jurisdiction, even if the same judge previously found the claim insufficient.
• Teledyne Mid-America Corp. v. HOH Corp.
  486 F.2d 987· 9th Cir.· 1973-10-31 ·cited 6×
  A creditor's retention and use of a check tendered as full satisfaction of a disputed debt constitutes an accord and satisfaction, even if the creditor protests or the acceptance was initially by an uninformed department, provided the creditor later affirms the acceptance after f
• City OF Miami Beach v. Fryd Constr. Corp.
  264 So. 2d 13· Fla. 3d DCA· 1972-06-27 ·cited 6×
  City of Miami Beach appeals a judgment awarding Fryd Construction Corporation $2,666.45 for aluminum seating allegedly required under a grandstand construction contract. The court reversed, holding that the settlement agreement lacked consideration under the pre-existing duty rul
• Merritt-Chapman & Scott Corp. & Magaw Elec. Co. v. The United States
  458 F.2d 42· Ct. Cl.· 1972-04-14 ·cited 6×
  The court held that a change order, negotiated and accepted by the contractor, constituted an accord and satisfaction, barring further claims for costs related to that change, even if incurred after the extended completion date.
• Brannon v. Smith Dray Line & Storage Co., Inc.
  456 F.2d 260· 6th Cir.· 1972-03-01 ·cited 6×
  The court held that the shipper was not bound by the limited valuation on the bill of lading or the proof-of-loss release due to the carrier's non-compliance with regulations and misrepresentations by the carrier's agent.
• Speier v. Lane
  254 So. 2d 823· Fla. 3d DCA· 1971-11-30 ·cited 6×
  Speier (lender) appealed a trial court judgment in favor of Lane (borrower) in an action for stock redemption. The key issue was whether a 1957 stock pledge transaction was converted into a sale by an alleged accord and satisfaction in 1960. The appellate court affirmed, holding
• VAN Nievelt v. Cargo & Tankship Mgmt. Corp.
  421 F.2d 1183· 2d Cir.· 1970-02-16 ·cited 6×
  The court held that pre-judgment interest should have been awarded on liquidated damages arising from a breach of contract, as there were no exceptional circumstances to justify its denial.
• DOW Corning Corp. v. Capitol Aviation, Inc.
  411 F.2d 622· 7th Cir.· 1969-05-20 ·cited 6×
  The court held that the trial court erred in finding the limitation of liability clause unconscionable and that Aero did not breach its contract by failing to deliver by a specific date.
• The Nat'l Bd. OF the Young Men's Christian Ass'ns v. The United States
  396 F.2d 467· Ct. Cl.· 1968-06-14 ·cited 6×
  The court held that the government's use of private buildings as a place of refuge and defense for troops, which led to enemy attack and destruction, constituted a compensable taking.
• Louis Schlesinger Co. v. The Kresge Found.
  388 F.2d 208· 3d Cir.· 1968-01-12 ·cited 6×
  The court held that summary judgment was inappropriate because a factual issue remained regarding whether the new lease fell within the terms of the incorporated Detroit Real Estate Board rules entitling the broker to additional compensation, and that the Michigan statute of frau
• Woodbury v. The United States
  364 F.2d 993· Ct. Cl.· 1966-07-15 ·cited 6×
  The court held that the United States, through HHFA, did not become a party to the completion agreement and therefore did not assume an obligation to provide long-term financing for the housing project.
• Castillo I. Richards v. Boyd
  344 F.2d 754· 3d Cir.· 1965-04-29 ·cited 6×
  The court held that an alleged oral agreement for land sale consideration was void under the Statute of Frauds and parol evidence rule, and a partial payment did not constitute accord and satisfaction for the remaining debt.
• Rosenfeld v. Glickstein
  159 So. 2d 670· Fla. 1st DCA· 1964-01-14 ·cited 6×
  A party cannot claim an accord and satisfaction was executory if they unilaterally attempted to return only a minor portion of the consideration weeks after the agreement.
• Nat'l Labor Relations Bd. v. Decker
  322 F.2d 238· 8th Cir.· 1963-08-26 ·cited 6×
  The court held that the employer's partial payment for back pay did not constitute an accord and satisfaction for future violations, and the employer failed to properly implement the reinstatement order.
• Emerson v. Labor Inv. Corp.
  284 F.2d 946· 10th Cir.· 1960-12-08 ·cited 6×
  The court held that stock option agreements granted to incorporators for past or future services, not in connection with an allotment of shares or stock dividend, are void and incapable of ratification under Oklahoma law.
• United States v. Tapor-Ideal Dairy Co., Inc.
  283 F.2d 869· 6th Cir.· 1960-10-21 ·cited 6×
  The district court's dismissal of the Government's complaint is affirmed because the court correctly interpreted the relevant Supreme Court precedent.
• Reid G. Jonson v. United States
  281 F.2d 884· 9th Cir.· 1960-08-24 ·cited 6×
  The court held that the appellant's actions did not constitute a compromise of his criminal tax liability, and therefore, he was not entitled to a judgment of acquittal on that ground.
• Salisbury v. Tibbetts
  259 F.2d 59· 10th Cir.· 1958-08-15 ·cited 6×
  The court held that the evidence did not support the finding of an agreement for stock division, and that a subsequent compromise agreement constituted an accord and satisfaction, barring the claim.
• Eads Hide & Wool Co. v. Merrill
  252 F.2d 80· 10th Cir.· 1958-01-22 ·cited 6×
  The court held that the appellant was judicially estopped from asserting its claim because it had previously taken an inconsistent position in bankruptcy proceedings by participating as a general creditor of the individual bankrupt, thereby prejudicing other creditors.
• Neff v. W. Coop. Hatcheries
  241 F.2d 357· 10th Cir.· 1957-01-16 ·cited 6×
  The court held that a contractual disclaimer of warranties was effective, and that a statement about using 'best efforts' was an opinion, not a fraudulent misrepresentation, especially when the jury found no intent to defraud.
• Puget Sound Pulp & Timber Co. v. O'Reilly
  239 F.2d 607· 9th Cir.· 1956-12-31 ·cited 6×
  The court held that the trial court's finding of no modification of the agency agreement was not clearly erroneous, and that the Statute of Frauds did not bar recovery for a fully performed oral contract. The court also held that O'Reilly was entitled to interest on the unpaid co
• Grant Cnty. Deposit Bank v. Greene
  200 F.2d 835· 6th Cir.· 1952-12-16 ·cited 6×
  A collecting bank is liable for losses resulting from its failure to exercise ordinary care in handling drafts, including misrepresenting the drawee's solvency and failing to follow collection instructions.
• Vogel v. Mohawk Elec. Sales Co.
  126 F.2d 759· 2d Cir.· 1942-03-17 ·cited 6×
  Debts incurred by a debtor operating under an arrangement, after confirmation but during the period the court retains jurisdiction, are entitled to priority over pre-confirmation debts if the arrangement proceeding is dismissed due to the debtor's default.
• Jas B. Gibson, Jr. v. Lehde
  128 Fla. 703· Fla.· 1937-06-28 ·cited 6×
  The Florida Supreme Court affirmed an order granting a new trial in a case involving alleged accord and satisfaction of promissory notes. The trial court found insufficient evidence of the plaintiff's attorney's authority to bind the plaintiff and ruled that the alleged agreement
• Sendoya v. Chattanooga Brewing Co.
  73 Fla. 648· Fla.· 1917-03-14 ·cited 6×
  This case concerns whether a payment made on a judgment constituted an accord and satisfaction, thereby discharging the debt. The court found that the payment did not meet the requirements for accord and satisfaction, and thus the judgment creditor could still seek execution.
• Jordy v. Maxwell
  62 Fla. 236· Fla.· 1911-06-01 ·cited 6×
  The Florida Supreme Court affirmed judgment for an attorney against his client for the full agreed fee, holding that the client's payment of a lesser amount via check marked 'full settlement' did not constitute an accord and satisfaction. The court reaffirmed its established doct
• Cirrus Design Corp. v. Lauraence A. Sasso
  95 So. 3d 308· Fla. 4th DCA· 2012-07-18 ·cited 5×
  Cirrus Design Corporation appeals a trial court order denying its motion to enforce settlement agreements with three plaintiffs who were injured or killed in a private aircraft crash. The court held that the plaintiffs' acceptance of Cirrus's offers of judgment constituted an acc
• James D. Hinson Elec. Contracting Co. v. BellSouth Telecomms., Inc.
  642 F. Supp. 2d 1318· M.D. Fla.· 2009-07-13 ·cited 5×
  The Florida Underground Facility Damage Prevention Act does not provide BellSouth with additional remedies beyond common law for damages. Genuine issues of material fact preclude summary judgment on BellSouth's affirmative defenses and Hinson's claims.
• Bldg. Materials Corp. OF Am. v. Presidential Fin. Corp.
  972 So. 2d 1090· Fla. 2d DCA· 2008-01-25 ·cited 5×
  GAF appeals summary judgment entered in favor of Presidential Financial Corporation on claims for breach of contract, open account, and unjust enrichment arising from disputed payments on accounts receivable assigned by Stanley Freight. The court reversed because genuine issues o
• Guinness PLC v. Ward
  955 F.2d 875· 4th Cir.· 1992-01-28 ·cited 5×
  The Fourth Circuit held that while a post-judgment settlement might not be an explicit defense under the Maryland Uniform Foreign Money-Judgments Recognition Act, a party can be judicially estopped from raising it if they failed to notify the foreign court of the settlement durin
• Geneva Cnty. Bd. OF Educ. v. CNA Ins. Co.
  874 F.2d 1491· 11th Cir.· 1989-06-08 ·cited 5×
  The court held that punitive damages were not supported by the evidence, but compensatory damages were affirmed because the jury's fraud verdict, which supported the general verdict, was unchallenged.
• AIR Prods. & Chems., Inc. v. The La. Land & Exploration Co.
  806 F.2d 1524· 11th Cir.· 1986-12-31 ·cited 5×
  The court held that the contract permitted retroactive application of a substitute fuel index from the period the original index ceased publication, and that payment for a disputed period did not constitute an accord and satisfaction due to lack of consideration.
• Md. Cas. Co. v. Cushing
  171 F.2d 257· 7th Cir.· 1948-12-03 ·cited 5×
  The court held that if a note is accepted by express agreement as satisfaction for an antecedent tort, the tort action is extinguished and the debt is discharged, barring recovery on the note after bankruptcy.
• Fla. Power & Light Co. v. Emp'rs' Liab. Assurance Corp.
  109 Fla. 81· Fla.· 1933-03-04 ·cited 5×
  This case involves a dispute over an insurance claim where Florida Power & Light (FP&L) sued Employers' Liability Assurance Corporation (ELAC) for $2,500. The lower court found in favor of FP&L, but the appellate court reversed, finding the declaration insufficient and that an ac
• Hamilton v. Vero Beach Reserve Mortg. Co.
  107 Fla. 65· Fla.· 1932-10-18 ·cited 5×
  The court reversed a directed verdict for the plaintiff, holding that the note was inextricably linked to the sales contract. Because the vendor repossessed the car upon default, the note was discharged, and the holder of the note could not sue the buyer for payment.
• THE Brody Irrevocable Grantor Tr. NO. 2 v. Brody
  322 So. 3d 150· Fla. 2d DCA· 2021-05-28 ·cited 4×
  The appellate court reversed a trial court's finding of accord and satisfaction. The court held that a debtor's payment, even if labeled "in full," does not constitute an accord and satisfaction if there was no pre-existing dispute between the parties regarding the amount owed.
• Araj v. Renfro
  260 So. 3d 1121· Fla. 5th DCA· 2018-11-30 ·cited 4×
  The trial court abused its discretion by refusing to give a jury instruction on the statutory prohibition against operating vehicles incompatible with safe traffic movement on limited-access facilities, where the instruction stated correct law, was supported by evidence, and addr
• Rodriguez v. Gov't Emps. Ins. Co.
  80 So. 3d 1042· Fla. 4th DCA· 2011-12-21 ·cited 4×
  Rodriguez sought certiorari review of a circuit court's affirmance of summary judgment in favor of GEICO and an award of attorneys' fees to GEICO. The District Court of Appeal reversed the attorneys' fees award, holding that Rodriguez was entitled to fees under section 627.428 fo
• Gonzalez v. Claywell
  24 So. 3d 1260· Fla. 1st DCA· 2009-12-31 ·cited 4×
  In an automobile negligence case, the defendant appealed a jury verdict for the plaintiff, arguing that the parties had reached a binding settlement agreement that should have barred the suit. The appellate court affirmed the judgment, holding that no settlement agreement existed
• Powell v. Carey Int'l, Inc.
  558 F. Supp. 2d 1265· S.D. Fla.· 2008-04-30 ·cited 4×
  The court held that it would retain jurisdiction to approve and enforce settlements and arbitral awards, but that attorneys' fees and costs for severed arbitration plaintiffs are subject to arbitration, not court determination.
• Burke Co. v. Hilton Dev. Co.
  802 F. Supp. 434· N.D. Fla.· 1992-09-30 ·cited 4×
  The court held that a creditor's acceptance and negotiation of a check tendered as full satisfaction of a disputed claim, even with a modified endorsement, constitutes an accord and satisfaction under Florida contract law, barring further claims.
• Dime BOX Petroleum Corp. v. The La. Land & Exploration Co.
  938 F.2d 1144· 10th Cir.· 1991-07-16 ·cited 4×·via Executory Accord
  The court held that the operating agreement established a contractual standard of care, not a fiduciary duty, and that Dime Box could not raise new contract claims on appeal.
• Myers v. Miller
  581 So. 2d 904· Fla. 2d DCA· 1991-02-22 ·cited 4×
  Mobile home park residents appealed final judgments entered against them after the trial court found, on motions for judgment on the pleadings, that they had settled a dispute over the duration and lawfulness of a ten-year water and sewer assessment via notations on their final p
• Beeman v. Island Breakers
  577 So. 2d 1341· Fla. 3d DCA· 1991-01-01 ·cited 4×
  The Beemans appealed a trial court judgment declaring void a 99-year recreational lease escalation clause between themselves and Island Breakers condominium. The court held that while the escalation clause was unconscionable and void, the underlying lease with the base rental rat
• Fed. Deposit Ins. Corp. v. Blanton
  918 F.2d 524· 5th Cir.· 1990-12-06 ·cited 4×
  The court held that the FDIC's sale of securities on recognized markets did not require notice to the debtor, and defects in foreclosure sales of real property entitled the debtor to a credit for fair market value, not full discharge.
• Bernice L. Rang in the Matter of the Estate of Charles W. Rang, Sr. v. The Hartford Variable Annuity Life Ins. Co.
  908 F.2d 380· 8th Cir.· 1990-07-16 ·cited 4×
  Endorsement of checks stating they were in full settlement constituted an accord and satisfaction under South Dakota law, barring the breach of contract claim, and amendment of the complaint was justifiably denied.