Diesel Service, Inc. v. Accessory Sales, Inc.

I respectfully dissent from the majority opinion because I believe it misuses, in a manner which is without precedent, the principles of law pertaining to application of payments, and it does so in such a way as to change and modify the plain and unambiguous terms of the written contract between the parties.

The majority opinion, in its second and third paragraphs, summarizes the contractual provisions relative to payment and the right to terminate for unremedied delay in payment.

The trial court instructed the jury as follows: “The Court has determined, as a mátter of law, and you must accept…