McMahon Food Corp., and Counterdefendant-Appellant v. Burger Dairy Co., and Counterplaintiff-Appellee
Court of Appeals for the Seventh Circuit
1Opinion of the Court
COFFEY, Circuit Judge.
Burger Dairy Company (“Burger”) and McMahon Food Corporation (“MFC”) were involved in a contract dispute over milk products that Burger sold to MFC, as well as credits for empty milk cases that MFC returned. MFC brought a declaratory judgment action against Burger, asserting that it effected an accord and satisfaction of its debt by tendering two checks with attached vouchers, one marked “payment in full through 6/6/92,” the other marked, “paid in full thru 8/8/92,” to Burger. Burger counter-sued, seeking $58,518.41 from MFC. The trial court denied MFC relief, ruling…
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