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The Bimeco Group, Inc. v. Icu Medical, Inc.

MOTION for Partial Summary Judgment on Defendant's Affirmative Defenses of Accord and Satisfaction and Statute of Frauds with Brief In Support

20 Cited authorities

  1. Calderone v. United States

    799 F.2d 254 (6th Cir. 1986)   Cited 1,516 times
    Holding that where a summary judgment movant has the burden of proof, his showing must be sufficient for the court to hold that no reasonable trier of fact could find other than for the moving party

  2. Turner Broadcasting System v. McDavid

    693 S.E.2d 873 (Ga. Ct. App. 2010)   Cited 42 times
    Finding a jury question as to the parties' intent to be bound, despite non-binding language in a letter of intent, on the basis of oral statements that "we have a deal" and the "deal is done"

  3. King Industrial v. Rich

    224 Ga. App. 629 (Ga. Ct. App. 1997)   Cited 29 times

    A96A1738. DECIDED FEBRUARY 14, 1997. Action on contract. Fulton State Court. Before Judge Westmoreland. Schreeder, Wheeler Flint, Steven G. Hill, James C. Morton, for appellant. Morris, Manning Martin, Lewis E. Hassett, Hassett, Cohen, Beitchman Goldstein, Robert W. Hassett, for appellee. SMITH, Judge. Jack Rich brought suit against King Industrial Realty, Inc., an industrial real estate brokerage firm where he worked as an agent until his termination in 1989. Rich's complaint alleged breach of his

  4. Pacrim Associates v. Turner Home Ent., Inc.

    235 Ga. App. 761 (Ga. Ct. App. 1998)   Cited 22 times

    A98A0928. NOVEMBER 30, 1998. RECONSIDERATION DENIED DECEMBER 15, 1998. Action on contract, etc. Fulton Superior Court. Before Judge Wright. Alembeck, Fine Callner, Mark E. Bergeson, Zoe I. Martinez, for appellants. Troutman Sanders, Kaye W. Burwell, John J. Dalton, for appellee. RUFFIN, Judge. Pacrim Associates and one of its shareholders and employees, Pamela Kent, sued Turner Home Entertainment ("Turner") under various contract theories and for fraud. In its complaint, Pacrim alleges that it entered

  5. Lumsden v. Williams

    307 Ga. App. 163 (Ga. Ct. App. 2010)   Cited 5 times

    No. A10A1395. DECIDED NOVEMBER 30, 2010. Real estate sales contract. Cobb Superior Court. Before Judge Flournoy. Richard S. Alembik, Willis L. Miller IV, for appellants. Bentley, Bentley Bentley, Fred D. Bentley, Sr., for appellees. ADAMS, Judge. George W. Lumsden and Helen F. Lumsden filed this appeal after the trial court granted summary judgment to Stephen P. Williams and Elizabeth McGee (hereinafter referred to collectively as the "Sellers") on the Lumsdens' claims arising from alleged construction

  6. Criswell v. Intellirisk Mgmt. Corp.

    1:08-cv-1686-WSD (N.D. Ga. Apr. 15, 2015)

    1:08-cv-1686-WSD 04-15-2015 VICKI CRISWELL, Plaintiff, v. INTELLIRISK MANAGEMENT CORPORATION, INC. and ALLIED INTERSTATE, INC., Defendant. WILLIAM S. DUFFEY, JR. UNITED STATES DISTRICT JUDGE OPINION AND ORDER This matter is before the Court on Intellirisk Management Corporation, Inc.'s and Allied Interstate, Inc.'s ("Defendants") Motion for Judgment as a Matter of Law [112] (the "Motion"). I. BACKGROUND This is a civil case for breach of contract. Plaintiff Vicki Criswell ("Plaintiff") claims that

  7. Parker v. Crider Poultry

    275 Ga. 361 (Ga. 2002)   Cited 9 times
    Reversing the Court of Appeals’ determination that the employment agreement at issue was within the Statute of Frauds when the plaintiff seeking to enforce the agreement had completed over a year of employment under the contract

  8. Withington v. Valuation Group, Inc.

    249 Ga. App. 8 (Ga. Ct. App. 2001)   Cited 9 times

    A00A1944. DECIDED: MARCH 15, 2001. Accord and satisfaction. Gwinnett Superior Court. Before Judge Jackson. Stanley E. Kreimer, Jr., for appellant. McGee Oxford, James J. Brissette, for appellee. PHIPPS, Judge. Richard Withington was a salesman and independent contractor for the Valuation Group, Inc. (VGI), a tax consulting firm, from 1992 to 1998. He sued VGI in 1998, claiming that it had underpaid his commissions and breached his contract by terminating it without prior notice, among other things

  9. Loy's Office Supplies, Inc. v. Steelcase, Inc.

    174 Ga. App. 701 (Ga. Ct. App. 1985)   Cited 25 times

    70009. DECIDED MAY 3, 1985. Action on contract. Fulton Superior Court. Before Judge Langford. A. E. Daniel III, for appellant. John R. Lowery, for appellee. CARLEY, Judge. In 1965, appellant-plaintiff became a distributor of appellee-defendant's products. There was never a written agreement between the parties. The oral agreement was only that the relationship would continue for an indefinite period. In February of 1983, appellee informed appellant that the relationship would be terminated and, several

  10. Danfair Properties, Inc. v. Bowen

    474 S.E.2d 295 (Ga. Ct. App. 1996)   Cited 7 times

    A96A0878. DECIDED AUGUST 6, 1996. Action on employment contract. Sumter State Court. Before Judge Fennessy. Ellis, Easterlin, Peagler, Gatewood, Harper Skipper, John V. Harper, for appellants. Vansant, Corriere, McClure Dasher, Alfred N. Corriere, for appellee. Judge Harold R. Banke. Andrew Bowen sued his former employer, Danfair Properties, Inc. ("Danfair"), and its president, Reginald Daniel, for $59,961.28 in commissions Bowen allegedly earned during the three years he assisted Danfair in developing

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,402 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 13-5-31 - Agreements enforceable without writing

    Ga. Code § 13-5-31   Cited 108 times
    Stating that the statute of frauds does not extend to cases " where there has been performance on one side, accepted by the other in accordance with the contract; where there has been such part performance . . . as would render it a fraud of the party refusing to comply if the court did not compel a performance."

  13. Section 13-2-4 - Ascertainment of intention of parties where meaning placed on contract by one party known to other

    Ga. Code § 13-2-4   Cited 43 times
    Addressing intention of one party known to the other

  14. Section 13-4-103 - Acceptance of less than amount of debt

    Ga. Code § 13-4-103   Cited 41 times

    (a) Except as otherwise provided in this Code section, an agreement by a creditor to receive less than the amount of his debt cannot be pleaded as an accord and satisfaction unless it is actually executed by the payment of the money, the giving of additional security, the substitution of another debtor, or some other new consideration. (b) Acceptance by a creditor of a check, draft, or money order marked "payment in full" or with language of equivalent condition, in an amount less than the total

  15. Section 13-4-102 - Benefit to creditor

    Ga. Code § 13-4-102   Cited 7 times

    An accord and satisfaction must be of some advantage, legal or equitable, to the creditor or it shall not have the effect of barring him from his legal rights under the original agreement. OCGA § 13-4-102