Butler v. Kocisko

Nicholas Kocisko appeals a judgment awarding $4,000 to Duane Butler on the basis of quantum meruit for excavation and roadwork done on Kocisko's recreational property. The sole issue on appeal is whether the trial court erred by concluding that an *214accord and satisfaction had not been reached between Butler and Kocisko. Because we conclude that there was an accord and satisfaction, the judgment is reversed.

The relevant facts are essentially undisputed. Kocisko met Butler, an excavating contractor, at Kocisko's recreational property where they discussed the excavation of dirt and the building…