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ENRIQUILLO EXPORT & IMPORT v. M.B.R. INDUSTRIES, INC.

No. 98-0134.

733 So.2d 1124 (1999)

ENRIQUILLO EXPORT & IMPORT, INC., Appellant, v. M.B.R. INDUSTRIES, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

June 9, 1999.

Attorney(s) appearing for the Case

Alex P. Rosenthal and Peter J. Frommer of Reimer & Rosenthal LLP, Hollywood, for appellant.

Richard C. Wolfe and Teri L. Di Giulian of Bedzow, Korn, Brown, Wolfe & Lipton, P.A., Aventura, for appellee.

FARMER, J.

This appeal brings a holding that a debtor complied with a general, unqualified obligation to make payment when it merely placed a check in the mail. We reverse.

Enriquillo originally sued MBR over defective goods for which it had already paid MBR more than $68,000. The parties settled the suit with a written agreement providing as follows:

"1. MBR shall pay to Enriquillo the principal sum of Thirty Thousand dollars to be paid as follows...

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