MASON GIN & FERTILIZER COMPANY, INC. v. Piedmont Acid Delinting, Inc.

Quillian, Judge.

The plaintiff, Piedmont Acid Delinting, Inc., filed a claim against Mason Gin & Fertilizer Company, Inc., hereinafter referred to as Mason, and Way-man Bryan, defendants, seeking damages for the destruction by fire of certain cotton seed on premises of Mason’s Cotton Gin. Answers were filed which set up the defense of accord and satisfaction.

The defendants made a motion for summary judgment which was overruled. From this ruling an appeal was taken. Held:

The plaintiff mailed a letter together with a check to defendant, Mason. Thereafter, Mason cashed the check. The defendants…