DOCKHORN v. KINCAID

No. 71-29.

250 So.2d 646 (1971)

Charles F. DOCKHORN, D/B/a Dockhorn Plastering Service, Appellant, v. D. Thomas KINCAID, Appellee.

District Court of Appeal of Florida, Second District.

July 23, 1971.


Attorney(s) appearing for the Case

Ezra J. Regen, Sarasota, for appellant.

Jim D. Syprett, of Crabtree, Butler, Brush, Syprett & Meshad, Sarasota, for appellee.


PER CURIAM.

Plaintiff-appellant sued on an oral contract alleging performance on his part and failure of defendant-appellee to pay an unliquidated 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 controlled...

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