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FASHION MART BUILDING, INC. v. HERMAN A. THOMAS, INC.

No. 69-440.

234 So.2d 731 (1970)

FASHION MART BUILDING, INC., a Florida Corporation, Appellant, v. HERMAN A. THOMAS, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 22, 1970.

Attorney(s) appearing for the Case

Cushman & Cushman, Carr & Warren, Miami, for appellant.

Joseph J. Gersten, Miami, for appellee.

Before PEARSON, C.J., and BARKDULL and SWANN, JJ.

PER CURIAM.

Fashion Mart Building, Inc., defendant below, appeals from an adverse final judgment, as amended, which was rendered after a non-jury trial.

Defendant's first point for reversal states:

"Where there is a dispute as to an amount due and the debtor delivers a check to the creditor upon the explicit condition that the check is in full payment of the obligation, does the retention of such check by the creditor constitute an accord and satisfaction...

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