Legal Opinion
Occidental Chemical Corp. v. Environmental Liners, Inc.
District Court, E.D. Pennsylvania
Decided July 22, 1994No. Civ. A. 93-5433PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
YOHN, District Judge.
Plaintiff, Occidental Chemical Corporation (“Oxychem”), is seeking $60,788.97 in damages for its claims of breach of contract and unjust enrichment. Defendant, Environmental Liners, Inc. (“Environmental”), has moved for summary judgment based on an affirmative defense of accord and satisfaction. Environmental contends that its debt to Oxychem was discharged when Oxychem negotiated a check from Environmental which had been marked “final payment.” Oxychem argues, however, that its acceptance of the check did not constitute an accord and satisfaction as a…
2Cases cited19 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Sidney P. Small and William Landesman, D/B/A Small & Landesman v. Seldows Stationery, Jack Belowitz, Irving Platt and Irwin KatzCourt of Appeals for the Third Circuit · 1980
- Flambeau Products Corp. v. Honeywell Information Systems, Inc.Wisconsin Supreme Court · 1984
- Hon, Nancy M., Administratrix of the Estate of William Hon, Deceased v. Stroh Brewery CoCourt of Appeals for the Third Circuit · 1988
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3Cited by9 opinions
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- Erie Marine Enterprises, Inc. v. Algoma Central Marine (In Re Erie Marine Enterprises, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1997
- Fleming v. CNA InsuranceDistrict Court, E.D. Pennsylvania · 1999
- Mericle v. Jackson National Life Insurance Co.District Court, M.D. Pennsylvania · 2016
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