E & S Realty, Inc. v. American Equity International Corp.

The final summary judgment under review is reversed and the cause is remanded to the trial court for further proceedings upon a holding that a genuine issue of material fact is raised upon this record as to whether an accord and satisfaction was reached in this case.

Although the plaintiff’s principal, Shirley Attias, accepted from the defendants an $8,459.57 check containing a restrictive endorsement which stated “final payment on all [plaintiff’s] commissions at Club Atlantis,” a genuine issue of material fact is presented as to whether Ms. Attias modified this endorsement, in the presence…