Platt v. Penetryn System, Inc.

HURD, PJ,

(dissenting)

I am of the opinion that the judgment of the common pleas court should be affirmed and therefore I regret that I must dissent from the majority opinion and judgment.

My principal point of disagreement with the majority is because of the assumption that only a question of law is-presented by this record in relation to the defense of accord and satisfaction, whereas I am firmly of the opinion that only an issue of fact is presented.

The plaintiff appellee filed his petition for money with request for ancillary relief of accounting to determine the exact amount due from his…