Hastings v. Top Cut Feedlots, Inc.

Plaintiff brought this action to recover on a contract for the sale of com silage which, in its various forms, is known as "green chop” and "pit silage.” Some payment had been made under the contract; plaintiff sought judgment based on a reasonable value of $18 per ton for the silage or, alternatively, based on an agreed price of $18 per ton. Defendant asserted that it had paid the full price and, as an affirmative defense, that the parties had reached an accord and satisfaction on the disputed amount. The jury returned a verdict for plaintiff, and defendant appeals.

We conclude that this case…