Pan American Stone Co. v. Landry

HERSEY, Chief Judge.

From a finding that a promissory note merged into a settlement agreement and that appellant breached that agreement by *198refusing to permit appellee “to come in and remove inventory” in satisfaction of the note, the obligor takes this appeal.

Appellee filed no cross appeal of the trial court’s finding that the promissory note merged into the settlement agreement. It is clear, however, that the promissory note remains a viable instrument, there having been no accord and satisfaction, novation or modification by substitution. The settlement agreement merely established…