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I am interested in purchasing to assure they are not
damaged. Currently we need $50,000.00 to meet out-
standing obligations.
By letter dated December 27, 1991, Crawford sent Mr. Henry a
check dated December 26, 1991, in the amount of $50,000 ($50,000
assistance payment), which was issued by du Pont to Fred Henry's
Paradise of Orchids. That letter stated in pertinent part:
Enclosed is your advance assistance check that you
requested. Delivery of this check is predicated on our
agreement that you will deliver the signed Assistance
Receipt via regular mail as soon as possible to the
mailing address below.
Our investigation of your claim is still ongoing and I
will keep you advised on the progress of our evalua-
tion. * * *
On December 27, 1991, Mr. Henry signed the assistance
receipt (assistance receipt) for the $50,000 assistance payment.
That assistance receipt stated in pertinent part:
This will acknowledge that the undersigned has
* * * received Fifty Thousand and 00/100 Dollars
($50,000.00) from E. I. DuPont De Nemours & Company,
Inc. This payment represents assistance that I * * *
requested while E. I. DuPont De Nemours & Company
evaluates my * * * claim pertaining to:
Orchids
(DESCRIBE HERE THE CROP ON WHICH OUR PRODUCT WAS USED,
E.G., "ALL ORNAMENTAL BEDDING PLANTS, SHRUBS, TREES, AG
CROPS, ETC., OWNED BY OR UNDER PRODUCTION BY THE UN-
DERSIGNED OR SAID FIRM TREATED WITH BENLATE 50 DF IN
1990 AND 1991).
I * * * understand and agree that the full amount
of this payment will be applied to the amount of a
negotiated settlement, if any, or to any final judge-
ment that may be entered with respect to my * * *
claims.
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