Messick v. PHD Trucking Service, Inc.

STEWART, Justice:

This action was brought by plaintiff, lessor under a truck leasing agreement, to compel the defendant lessee to account for payments due and owing to plaintiff. The trial court found an accord and satisfaction had been reached and entered judgment for the defendant.

The issues which the parties raise on appeal are (1) whether there was an accord and satisfaction, and (2) whether plaintiff was to be compensated for the use and operation of his truck pursuant to the terms of a written agreement or pursuant to the terms of an oral agreement between the parties.

Perry Messick,…