McGehee v. Mata
| Decision Date | 13 April 1976 |
| Docket Number | No. 75--843,75--843 |
| Citation | 330 So.2d 248 |
| Parties | Clara McGEHEE, Appellant, v. Francisco MATA and Dora Mata, Individually and d/b/a Cuba Wig Import, Appellees. |
| Court | Florida District Court of Appeals |
Guillermo F. Mascaro, Coral Gables, for appellant.
Lopez & Harris, Miami, for appellees.
Before PEARSON, HAVERFIELD and NATHAN, JJ.
Plaintiff appeals an adverse final summary judgment in this action for an accounting and return of money invested in defendants' wig business.
Upon the alleged representation of the defendants, Francisco and Dora Mata, that their wig business yielded a 30% Net return and they would return her initial investment within seven months, plaintiff, Clara McGehee, paid the Matas $7,888.15 for a 1/3 partnership interest in Cuba Wig Imports. Later this business was changed from a partnership to a corporation and Ms. McGehee received 3,333 shares of stock. When her initial investment was not returned, Ms. McGehee demanded from the Matas the $7,888.15 and threatened to take legal action. The attorneys for the respective parties then entered into settlement negotiations which resulted in the Matas forwarding to Ms. McGehee's attorney a $3,000 check enclosed in a letter (dated September 23, 1974) which reads in pertinent part:
Ms. McGehee cashed the check, endorsed her 3,333 shares of stock over to the Matas and signed a resignation as a director and officer of the corporation. Nevertheless, she refused to execute a release in favor of the Matas.
Ms. McGehee then filed...
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Hannah v. James A. Ryder Corp.
...19 (Fla. 3d DCA 1979), and cases cited. Ryder, however, citing Sanford v. Abrams, 24 Fla. 181, 2 So. 373 (1887) and McGehee v. Mata, 330 So.2d 248 (Fla. 3d DCA 1976), invokes the established doctrine that an accord and satisfaction results as a matter of law when an offeree accepts a paymen......
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...to finance manifested acceptance of the terms on which Colony's offer to pay for the defense was tendered. Cf. McGehee v. Mata, 330 So.2d 248, 249 (Fla. 3d DCA 1976). Colony is entitled to The order denying appellant's motion for an award of attorney's fees and costs is reversed, and the ca......
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Miller v. Perez
...release of appellant acted as an accord and satisfaction as to all claims of appellee against appellant. It relies on McGehee v. Mata, 330 So.2d 248 (Fla. 3d DCA 1976); Pino v. Lopez, 361 So.2d 192 (Fla. 3d DCA), cert. dismissed 365 So.2d 714 (Fla.1978); and Yelen v. Cindy's, Inc., 386 So.2......
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Constr. Consulting, Inc. v. Dist. Bd. of Trs. of Broward Coll.
...and final payment for all goods, services and claims to date" was an accord and satisfaction as a matter of law); McGehee v. Mata , 330 So. 2d 248, 248–49 (Fla. 3d DCA 1976) (holding that an accord and satisfaction occurred upon the plaintiff cashing the defendants’ check where, as part of ......