Surber v. Woodruff

The complaint in this case was filed by plaintiffs, James E. and Betty Surber, on March 10, 1983.

On April 7, 1983, defendant, Rev. *2Alvin B. Woodruff, Administrator of the Estate of Hurdes Frye, filed his motion to dismiss pursuant to Civ. R. 12(B)(6) for failure to state a claim upon which relief can be granted, alleging accord and satisfaction of the plaintiffs’ claims.

The matter came to be heard by this court on June 16, 1983, at which time the court requested that counsel submit written memoranda to supplement the oral argument. The court after notification to the parties also treated…