Souchak v. Close

Stolz, Judge.

The plaintiff appeals from the grant of the defendant’s motion for summary judgment on the affirmative defense of accord and satisfaction. The essential facts are uncontroverted.

The parties both owned summer homes on Cape Cod in Massachussetts. The defendant’s house was for sale, and the plaintiff approached him about purchasing it. On May 29, 1972, at the conclusion of a fishing trip, the plaintiff gave the defendant a check for $10,000 as down payment or earnest money on the house toward the total purchase price of $185,000. Thereafter, the plaintiff inspected the house more…