Tyson v. Cheek Mechanical & Electrical Service, Inc.

Birdsong, Presiding Judge.

Appellant Clelland Tyson d/b/a Misty Mills, Inc. (“Tyson”), appeals a jury verdict and judgment in favor of Cheek Mechanical & Electrical Service, Inc. (“Cheek”). Cheek filed a suit on account against Tyson, contending Tyson owed $18,150.55 for services rendered in the installation of a chicken litter processor designed by Tyson. Tyson did not provide Cheek with engineering plans to install the equipment. The system did not work to Tyson’s expectation, and Tyson hired another contractor.

In answer to Cheek’s suit, Tyson asserted accord and satisfaction, failure of…