Sam Finley, Inc. v. Barnes

Smith, Judge.

The appellant Sam Finley, Inc., a paving contractor, appeals from judgment entered on a jury verdict against him following a trial on Barnes’ claim that Finley improperly constructed the pavement for Barnes’ rollerskating rink. Of the several enumerations,, we find merit in the one contending the trial court improperly instructed the jury as to Finley’s affirmative defense of accord and satisfaction. We therefore reverse the judgment.

1. The court did not err in charging that the defendant carries the burden to establish the existence of his affirmative defenses of accord and…