Associated Builders, Inc. v. Coggins

[¶ 1] Associated Builders, Inc. appeals from a grant of a summary judgment entered in the Superior Court (Hancock County, Marsano, J.) in favor of the defendants William M. Coggins and Benjamin W. Coggins, d/b/a Ben & Bill’s Chocolate Emporium. Associated contends that the court erred when it held that despite a late payment by the Cogginses, an accord and satisfaction relieved the Cogginses of a contractual liability. The Cogginses argue that the three-day delay in payment was not a material breach of the accord and, even if the breach was material, Associated waived its right to enforce the…