Frank Felix Associates, Ltd. v. Austin Drugs, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that right of set-off is at “the sole and absolute discretion” of Plaintiff
• applying USCA11 Case: 20-11266 Date Filed: 02/15/2022 Page: 46 of 47 46 Opinion of the Court 20-11266 New York Law
• reasoning at 287 that, under a rule requiring strict compliance with the accord, the obligee “could obtain payment of a contested debt and, due to a minor breach of the accord, receive the windfall entitlement to reassert its pre-settlement claims” (Emphasis added.)
• reasoning at 287 that, under a rule requiring strict compliance with the accord, the obligee “could obtain payment of a contested debt and, due to a minor breach of the accord, receive the windfall entitlement to reassert its pre- settlement claims” (Emphasis added.)
• “New York law would require an ex-ecutory accord to be materially breached before pre-settlement claims may be reinstated.”
• “Under New York law, for a breach of a contract to be material, it must ‘go to the root of the agreement between the parties.’”

Source: CourtListener parenthetical corpus (CC0).