Goldenstern & Cohen, Inc. v. Butler Iron & Steel Co.

COLLET, District Judge.

The defendant asserts that the undisputed facts compel the legal conclusion that an accord and satisfaction was reached between the parties concerning the matter made the basis of plaintiff’s present claim.

The action is one for the recovery of an amount alleged to be due on account. The account had its origin in an alleged contract by which the plaintiff agreed to sell, and the defendant agreed to buy, certain scrap iron and steel at a stipulated price per ton. The petition asserts that a given number of tons were delivered for which the defendant became indebted to…