George Linskie Co. v. Miller-Picking Corp.

OPINION

WILSON, Justice.

Summary judgment that plaintiff-appellant take nothing was rendered as to most of the items in its action on a sworn account. The principal question is whether, as a matter of law, defendant’s check was tendered to plaintiff conditioned on settlement of a disputed claim so as to constitute an accord and satisfaction, rather than as part payment as plaintiff contends. This question turns on whether defendant’s letter transmitting the check, quoted in the appendix, requires such construction.

Plaintiff alleged it contracted to install air conditioning equipment…