Dockhorn v. Kincaid

District Court of Appeal of Florida

Dockhorn v. Kincaid

250 So. 2d 646, 1971 Fla. App. LEXIS 6300

CourtDistrict Court of Appeal of Florida

DecidedJuly 23, 1971

DocketNo. 71-29

StatusPublished

This text of 250 So. 2d 646 (Dockhorn v. Kincaid) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dockhorn v. Kincaid, 250 So. 2d 646, 1971 Fla. App. LEXIS 6300 (Fla. Ct. App. 1971).

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Opinion

PER CURIAM.

Plaintiff-appellant sued on an oral contract alleging performance on his part and failure of defendant-appellee to pay an un-liquidated amount of damages. Summary judgment was entered by the court below in favor of defendant-appellee which judgment was predicated upon accord and satisfaction.

The undisputed facts herein place this case squarely within the ambit of Miller-Dunn Co., Inc. v. Green,¹ and it is con[647]*647trolled thereby. The case is clearly distinguishable from that decided by this court in Best Concrete Corp. v. Oswalt Engineering,² in which the sums paid were on a disputed claim which constituted no part of the claim sued for in that case.

Accordingly, the judgment appealed from should be, and it is hereby, affirmed.

LILES, Acting C. J., and HOBSON and McNULTY, JJ., concur.

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PER CURIAM.

Plaintiff-appellant sued on an oral contract alleging performance on his part and failure of defendant-appellee to pay an un-liquidated amount of damages. Summary judgment was entered by the court below in favor of defendant-appellee which judgment was predicated upon accord and satisfaction.

The undisputed facts herein place this case squarely within the ambit of Miller-Dunn Co., Inc. v. Green,¹ and it is con[647]*647trolled thereby. The case is clearly distinguishable from that decided by this court in Best Concrete Corp. v. Oswalt Engineering,² in which the sums paid were on a disputed claim which constituted no part of the claim sued for in that case.

Accordingly, the judgment appealed from should be, and it is hereby, affirmed.

LILES, Acting C. J., and HOBSON and McNULTY, JJ., concur.

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Bluebook (online)

250 So. 2d 646, 1971 Fla. App. LEXIS 6300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dockhorn-v-kincaid-fladistctapp-1971.

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