Ashland Coal & Coke Co. v. Old Ben Coal Corp.

Harrington, J.,

delivering the opinion of the Court:

The only question raised by the defendant’s motion that need be considered is whether the undisputed facts clearly showed an accord and satisfaction legally binding on the plaintiffs, or whether the effect of cashing or depositing the various checks sent by the Old Ben Coal Corporation to them was properly submitted to the jury.

To constitute an accord and satisfaction, there must not only be a new agreement based on an offer, and the acceptance of that offer, as made, like any other contract, but that agreement must, also, be acted on. 3…