Legal Opinion · Concurring in part, dissenting in part

Jacksonville Electric Authority v. Draper's Egg & Poultry Co.

District Court of Appeal of Florida

Decided September 13, 1988No. 87-910Published

1Concurring in part, dissenting in partErvin, Judge

I concur with the majority’s opinion in reversing that part of the lower court’s *375final judgment which had determined that JEA could not recover for undercharges accruing subsequent to February 19, 1985, but dissent to that portion of the opinion affirming the trial court’s judgment precluding JEA from pursuing later undercharges which had accrued as of February 19,1985. My disagreement with the majority’s opinion, holding that an accord and satisfaction had been achieved between the parties as to all underbillings occurring through February 19, 1985, is two-fold: (1) No competent, substantial…

2Cases cited10 opinions

  1. Reid v. Overland Machined ProductsCalifornia Supreme Court · 1961
  2. West Penn Power Co. v. Nationwide Mutual InsuranceSuperior Court of Pennsylvania · 1967
  3. Chicago & North Western Transportation Co. v. Thoreson Food Products, Inc.Wisconsin Supreme Court · 1976
  4. Hannah v. James A. Ryder Corp.District Court of Appeal of Florida · 1980
  5. Consolidated Edison Co. v. Jet Asphalt Corp.Appellate Division of the Supreme Court of the State of New York · 1987

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