Reppert & Co. v. Plaid Pantries, Inc.

Plaintiff brought this action to recover unpaid insurance premiums. Defendant pleaded as an affirmative defense that the recovery sought by plaintiff was barred by an accord and satisfaction. Defendant moved for summary judgment based on the affidavit of its president and on accompanying exhibits which included a letter from defendant’s president to plaintiff. The letter described relevant earlier events leading to the dispute as to the amount owed, and concluded:

"Enclosed you will find a check for [a lesser amount than plaintiff claimed was due]. This will settle our account.”

Plaintiff…