Martin v. Alco-Deree Co.

ROBSON, District Judge.

Plaintiffs, by complaint filed November 8,1960, seek to recover $17,828.69 1 which they allege to be still owing them as a result of the sale of steel to defendants 2 in November and December, 1959.3 The parties, on stipulation, have submitted the cause for the Court’s determination on the pleadings, interrogatories and answers, and the briefs filed on the defendants’ Motion for Summary Judgment.4

The defendants plead an accord and satisfaction.5 Plaintiffs challenge the validity of the accord, asserting fraud and false representations by the defendants that the steel…