England v. Horbach

DURHAM, Justice:

This case comes to us on a writ of certiora-ri to the court of appeals, which held that the parties had reached an accord and satisfaction of their dispute. We reverse.

In 1989, defendant Eugene Horbach orally agreed to buy 258,363 shares of Medicode stock from plaintiff Lan England at $2.75 per share, for a total purchase price of $710,-498.25. Over the course of the next ten months, Horbach made several payments, to England totaling $859,599.35. Taking into account a reimbursement of $4,599.35 for certain additional expenses that England had incurred on Horbach’s behalf, by…