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

• Lowrance v. Hacker
  888 F.2d 49· 7th Cir.· 1989-10-26 ·cited 4×
  The assignment of a debt includes the right to attorneys' fees incurred in collection, even if not explicitly stated, as it reflects the parties' intent to transfer all collection-related rights. Fees for investigating the debtor's defenses are also considered reasonable collecti
• The Trane Co. v. Whitehurst-Lassen Constr. Co.
  881 F.2d 996· 11th Cir.· 1989-08-24 ·cited 4×
  The court held that the supplier did not clearly and explicitly relinquish its right to recover under the payment bond for the chiller, as the evidence did not support defenses of novation, waiver, or estoppel.
• Canny v. Michael Saunders & Co., Inc.
  543 So. 2d 433· Fla. 2d DCA· 1989-05-19 ·cited 4×
  Court reversed summary judgment for employer on breach of employment contract, holding that accord and satisfaction is a question of fact for the jury, not law for the judge.
• Heuser v. Sunbelt Enters., Inc.
  537 So. 2d 1071· Fla. 1st DCA· 1989-01-18 ·cited 4×
  Richard Heuser appealed a summary judgment dismissing his breach of employment contract claim against Waterbed Delight. The court reversed, holding that material factual issues remained regarding whether the employment contract was terminable at will and whether Heuser's cashing
• Auer v. Kawasaki Motors Corp.
  830 F.2d 535· 4th Cir.· 1987-10-06 ·cited 4×
  The court held that federal common law governs the effect of a settlement with one tortfeasor on other joint tortfeasors in federal cases, including diversity actions.
• Ira J. Sands v. Granoff
  508 So. 2d 543· Fla. 3d DCA· 1987-06-16 ·cited 4×
  The trial court was obligated to enforce its final judgment based on a stipulation of settlement, and the defendant cannot resist enforcement based on a prior alleged accord and satisfaction.
• Kucel v. Walter E. Heller & Co.
  813 F.2d 67· 5th Cir.· 1987-03-30 ·cited 4×
  The court held that Heller is liable for money had and received, but reversed the damages award, attorney's fees, and sanctions, remanding for recalculation of damages.
• Marcella v. ARP Films, Inc.
  778 F.2d 112· 2d Cir.· 1985-12-03 ·cited 4×
  The court affirmed the judgment, holding that the defendant distributors were not deprived of the defense of disloyalty and that commissions found due were not premature.
• Waxler v. Hockensmith
  474 So. 2d 415· Fla. 2d DCA· 1985-08-23 ·cited 4×
  The Waxlers purchased real estate from Hockensmith in 1980 with a closing handled by law firm Phillips, McFarland. The deed's legal description did not match the contract, allegedly due to a scrivener's error that was never corrected. The trial court granted summary judgment for
• ST. Regis Paper Company/Southern Culvert Operations v. Quality Pipeline, Inc.
  469 So. 2d 820· Fla. 2d DCA· 1985-04-24 ·cited 4×
  St. Regis obtained a judgment against subcontractor Quality Pipeline for breach of contract and sought to enforce it by garnishing payments Quality was receiving under a bankruptcy reorganization plan confirmed by the debtor Sunshine Meadows. The court held that St. Regis's contr
• Zinger Constr. Co., Inc. v. The United States
  753 F.2d 1053· Fed. Cir.· 1985-01-30 ·cited 4×
  The court held that it lacked jurisdiction to hear Zinger's appeal because the claim was not pending before the contracting officer on or after the effective date of the Contract Disputes Act of 1978, and thus Zinger could not elect to proceed under the Act.
• Louisiana-Pacific Corp. v. The United States
  656 F.2d 650· Ct. Cl.· 1981-07-29 ·cited 4×
  The court held that neither party's motion for summary judgment could be granted, as material issues of fact remained regarding the plaintiff's claim of economic duress. However, the court definitively rejected the defendant's defense of frustration of purpose and the plaintiff's
• Stoddard v. Stoddard
  641 F.2d 812· 9th Cir.· 1981-04-09 ·cited 4×
  The court held that the 1969 agreement was a valid land exchange with a repurchase option, not a usurious loan, and the 1975 note was an enforceable compromise and settlement, making summary judgment appropriate.
• Laka Tool & Stamping Co., Inc. v. The United States
  639 F.2d 738· Ct. Cl.· 1980-12-17 ·cited 4×
  The court held that the March 30 agreement was an accord and satisfaction but did not bar the claim for premodification costs incurred due to an impossible specification, and that the default termination was proper as the modified contract was not impossible or commercially impra
• Cooper v. Wolkowitz
  375 So. 2d 1099· Fla. 3d DCA· 1979-09-18 ·cited 4×
  Cooper homeowners appealed a mortgage foreclosure judgment, arguing they had paid the debt through a cashier's check from a foreign bank and received a satisfaction of mortgage in exchange. The court held that delivery of an uncollected cashier's check from a foreign bank did not
• Junius K. Tremps v. Ascot Oils, Inc.
  561 F.2d 41· 7th Cir.· 1977-07-12 ·cited 4×
  The court held that defendants were liable under the Indiana Securities Law for offering and selling unregistered securities, and that the offers were not exempt from registration requirements. The court also affirmed the district court's judgment, including the award of attorney
• Ralston Purina Co. v. McFARLAND
  550 F.2d 967· 4th Cir.· 1977-02-23 ·cited 4×·via Executory Accord
  The court held that the district court erred in limiting discovery and improperly instructed a witness not to answer questions, requiring a remand for further proceedings.
• First Nat'l City Bank v. The United States
  537 F.2d 426· Ct. Cl.· 1976-06-16 ·cited 4×
  The court held that the plaintiff, as a subrogee, could recover payments made to a prior assignee, even if the Assignment of Claims Act's financing provisions were not met.
• Rock Springs Land Co. v. Dillard West and Goldia West
  281 So. 2d 555· Fla. 4th DCA· 1973-08-29 ·cited 4×
  A real estate seller brought suit to recover the balance due under a land contract after accepting a check marked 'paid in full' based on an erroneous calculation. The court held that the seller's unilateral mistake regarding the balance due, made without buyer reliance or detrim
• Iseminger v. Morris
  249 So. 2d 488· Fla. 1st DCA· 1971-06-10 ·cited 4×
  This interlocutory appeal concerns a trial court's denial of a motion for change of venue in a personal injury action against a deputy sheriff and his insurer. The appellate court affirmed the denial, finding no abuse of discretion despite the trial judge's acknowledgment that a
• Goldberg v. Liston
  431 F.2d 1101· 7th Cir.· 1970-08-06 ·cited 4×
  The court held that the plaintiff failed to establish a binding contract and was fully compensated for services rendered under quantum meruit.
• Emerson-Sack-Warner Corp. v. The United States
  416 F.2d 1335· Ct. Cl.· 1969-10-17 ·cited 4×
  The court held that Modification No. 4 did not constitute an accord and satisfaction, and therefore the contractor's claim for reworking the first aid boxes was not barred.
• Winder Aircraft Corp. OF Fla. & the Seminole Bank of Tampa v. The United States
  412 F.2d 1270· Ct. Cl.· 1969-07-16 ·cited 4×
  The court held that plaintiffs were not entitled to recover on their claims and that the defendant was entitled to recover on its counterclaim.
• Corbetta Constr. Co., Inc. v. The United States
  408 F.2d 450· Ct. Cl.· 1969-03-14 ·cited 4×
  The court held that the Change Order L and accompanying letter agreement constituted an accord and satisfaction, settling all claims for additional costs arising from changed conditions, including delay costs. Plaintiff's first claim was dismissed.
• Future Plastics v. Ware Shoals Plastics
  407 F.2d 1042· 4th Cir.· 1969-02-28 ·cited 4×
  A settlement agreement, even if validly formed, should not be enforced if a material provision becomes impracticable due to mutual mistake, especially when it prevents the parties from achieving their original intended equal exchange.
• J. F. White Contracting Co. v. NEW England Tank Indus. OF NEW Hampshire, Inc.
  393 F.2d 449· 1st Cir.· 1968-04-29 ·cited 4×
  The court held that while submitting the 'out of round' cell issue to the jury was an error, it was harmless and did not affect the substantial rights of the parties. Other contentions regarding release, accord and satisfaction, and contractual approval were also rejected.
• E. Coast DRY Goods Co., Inc. v. Somerset Sportswear, Inc.
  151 So. 2d 68· Fla. 3d DCA· 1963-03-12 ·cited 4×
  A check for less than the amount stated, even with a settlement legend, is insufficient alone to prove accord and satisfaction without considering inferences from all evidence.
• Hearst Corp. v. Cuneo Press, Inc.
  291 F.2d 714· 7th Cir.· 1961-06-20 ·cited 4×
  The court held that the character of the bailment and whether an accord and satisfaction was reached were questions of fact for the jury, not questions of law for the court.
• Little Rock Packing Co. v. Mass. Bonding & Ins. Co.
  262 F.2d 327· 8th Cir.· 1959-01-13 ·cited 4×
  A party who accepts and retains the full amount of a judgment, by endorsing a draft explicitly stating it is in full settlement, thereby releases their cause of action and forfeits the right to appeal.
• Seaview Awning Shutters OF Miami, Inc. v. E. M. Eisfield, Inc.
  106 So. 2d 597· Fla. 3d DCA· 1958-11-20 ·cited 4×
  Seaview Awning Shutters appeals a summary judgment entered against it on a breach of contract claim. The appellant's defense of accord and satisfaction, based on an alleged new written contract, failed because the evidence showed only unaccepted offers or proposals rather than a
• Kitchens v. King
  102 So. 2d 414· Fla. 2d DCA· 1958-01-31 ·cited 4×
  Charles J. King, as administrator of his deceased parents' estates, sued his sister Julia Kitchens for $4,000 paid in 1952 to build a home in Florida that was never constructed. The court affirmed the judgment for the plaintiff, holding that an express trust arose from the money
• Waynesboro Knitting Co. v. Commissioner OF Internal Revenue
  225 F.2d 477· 3d Cir.· 1955-08-29 ·cited 4×
  The court held that the portion of life insurance proceeds exceeding the consideration paid for the policies was taxable income, and the tax benefit rule did not apply.
• M. W. Zack Co. v. R. D. Werner Co., Inc.
  222 F.2d 634· 6th Cir.· 1955-05-24 ·cited 4×
  The court held that the parol evidence rule barred evidence of a contemporaneous oral agreement to contradict a written contract, and that damages were correctly calculated based on the market price at the time of the breach after an agreed-upon extension.
• Vasquez v. Simms
  75 So. 2d 783· Fla.· 1954-11-16 ·cited 4×
  In this personal injury case arising from a bicycle-automobile collision, the jury returned a verdict for the defendant. The plaintiff appealed, challenging the trial court's requirement that he prove the defendant had knowledge of his alleged mental incompetency at the time of s
• Rowe v. Shilby
  179 F.2d 807· D.C. Cir.· 1950-01-09 ·cited 4×
  A real estate broker is not entitled to a commission if the tendered sales agreement contains material deviations from the seller's original listing terms, as this constitutes a counter-proposal rather than acceptance.
• Hemler v. Union Producing Co.
  134 F.2d 436· 5th Cir.· 1943-03-29 ·cited 4×
  The court held that summary judgment was improperly granted for the defendant on the market price claim for certain periods, as genuine issues of fact remained.
• Haynes v. Sw. Natural Gas Co.
  123 F.2d 1011· 5th Cir.· 1941-12-01 ·cited 4×
  The court held that plaintiffs failed to prove entitlement to a higher royalty or lease cancellation based on the evidence presented.
• In re Magnet Oil Co. Erickson v. Brix Est. Co.
  119 F.2d 260· 9th Cir.· 1941-04-19 ·cited 4×
  The court held that an amended proof of claim, curing formal defects in the original, is permissible even after the statutory filing period has expired, and that the evidence supported the finding that the promissory notes were not conditional.
• Riedel v. J. R. Watts & Sons, Inc.
  118 Fla. 285· Fla.· 1935-01-24 ·cited 4×
  The Florida Supreme Court reversed a judgment for the defendant in an attachment suit, holding that the defendant's failure to prove their pleaded defense of payment rendered evidence of accord and satisfaction inadmissible and insufficient to support the verdict.
• Nelson v. Ziegfeld
  100 Fla. 1433· Fla.· 1930-12-09 ·cited 4×
  Nellie M. Kearns Nelson sued F. Ziegfeld to recover on promissory notes secured by a mortgage on Palm Beach County property that Ziegfeld had assumed when he purchased the land. The Florida Supreme Court affirmed judgment for Ziegfeld, holding that the plaintiff failed to state a
• Berman v. U.S. Fin. Acceptance Corp.
  669 So. 2d 1116· Fla. 4th DCA· 1996-03-20 ·cited 3×
  A written instrument satisfying a liquidated debt for less than the full amount due is enforceable under section 725.05, Florida Statutes, even if the debt is undisputed and the instrument is not a negotiable instrument.
• AM Int'l, Inc. v. Int'l Forging Equip. Corp.
  982 F.2d 989· 6th Cir.· 1993-01-07 ·cited 3×
  A release can allocate CERCLA liability between responsible parties, but its effectiveness depends on the parties' intent regarding environmental claims under state law. The court reversed the district court's ruling that the release was ineffective against CERCLA claims, remandi
• W.C. Murphy Architect, P.A. v. W.P. Austin Constr. Corp.
  547 So. 2d 302· Fla. 3d DCA· 1989-08-08 ·cited 3×
  The Florida Third District Court of Appeal affirmed a summary judgment, holding that an architect's negotiation of a check marked "Final Payment" constituted an accord and satisfaction, barring claims for breach of contract and quantum meruit. The court found no genuine issue of
• Rhone v. State Auto Mut. Ins. Co.
  858 F.2d 1507· 11th Cir.· 1988-10-27 ·cited 3×
  The court held that a chiropractor's alteration of an insurance draft's 'settlement in full' notation to 'partial payment only' did not prevent an accord and satisfaction under Georgia law, as a bona fide dispute over the amount due existed.
• Trent v. Channel 10
  309 So. 2d 631· Fla. 3d DCA· 1975-03-25 ·cited 3×
  The court held that the trial court did not err in granting a directed verdict for the defendant, as the plaintiff was fully compensated by severance and vacation pay and there was no contract for future commissions upon termination.
• Troupe v. Milford J. Seby
  416 F.2d 514· 9th Cir.· 1969-09-11 ·cited 3×
  The court held that the trial court's findings of fact and conclusions of law were supported by substantial evidence, particularly regarding the plaintiffs' failure to mitigate damages, and affirmed the judgment.
• Occidental Life Ins. Co. v. Eiler
  125 F.2d 229· 8th Cir.· 1942-01-27 ·cited 3×
  The court held that a release obtained by an insurance company for less than the full policy amount, based on a dispute asserted in bad faith and without reasonable grounds, is void for lack of consideration, and the beneficiary is entitled to the full accidental death benefit.
• Fort Pierce Bank & Tr. Co. v. Smith
  108 Fla. 313· Fla.· 1933-02-17 ·cited 3×
  Fort Pierce Bank & Trust Company sued E. E. Smith to recover on a promissory note executed by Moody and negotiated to Smith before maturity. The case turns on whether Smith accepted a deed from Moody as full satisfaction of the debt or merely as a means to facilitate a sale of th
• United Auto. Ins. Co. v. Rivero Diagnostic Ctr., Inc.
  327 So. 3d 376· Fla. 3d DCA· 2021-08-25 ·cited 2×
  Language stating "FULL & FINAL PAYMENT OF PIP BENEFITS" displayed on the payee line of a check satisfies the "conspicuous statement" requirement of Florida Statute section 673.3111(2) when it is so written, displayed, or presented that a reasonable person against whom it operates
• Lee v. Mark Chmielewski as Court Appointed Guardian for Matthew Martin
  290 So. 3d 531· Fla. 2d DCA· 2019-11-15 ·cited 2×
  # Legal Brief In Lee v. Chmielewski, the Florida District Court of Appeal reversed summary judgment entered for the guardian of an injured party, holding that the trial court erred in finding no binding settlement agreement where the defendant's insurer had tendered policy limit