Simmons v. Langston

The only question here is whether defendants testimony was sufficient to make a jury issue of accord and satisfaction.

Simmons brought this suit in the Circuit Court of Marion County, for the balance due and owing him by appellee Langston. Simmons operated the Simmons Motor Company in Columbia. On January 23,1958, he sold Langston a new automobile. After the down payment, there was a balance due of $2,160, to be paid in thirty monthly installments of $72 each. The car caught on fire in April 1959, and was burned. A garageman pulled it into his shop, but made no repairs. In the same month…