American Food Purveyors, Inc. v. Lindsay Meats, Inc.

Smith, Judge.

We granted this interlocutory appeal to determine whether the trial court erred in denying appellant’s motion for summary judgment on the ground that material fact issues remain relative to appellants defense of accord and satisfaction. We are bound by authority to hold that, as a matter of law, the parties reached an accord and satisfaction. The judgment of the trial court must therefore be reversed.

The material facts of this case are undisputed. On or about November 18, 1976, appellee shipped appellant certain food products valued at $13,196.92. Appellant accepted the shipment.…