Johnson v. M. B. Logan & Sons, Inc.

Shulman, Judge.

Plaintiff-appellant brought suit to recover damages for the alleged defective and improper construction of a swimming pool at his residence. Appellee-defendant *684asserted an accord and satisfaction as an affirmative defense to plaintiffs claims. The trial court sustained this defense on motion for summary judgment and dismissed plaintiffs complaint with prejudice. On appeal, we reverse.

1. Two letters written by plaintiff-appellant to defendant-appellee form the basis of appellant’s accord and satisfaction defense. In the first letter, appellant expressed his dissatisfaction with…