Ritter Brickwork Co. v. Absher

Appellant (contractor) appeals the dismissal of its petition on account for money due on a brickwork job on respondents’ (owners) residence by reason of an accord and satisfaction. We reverse and remand.

Contractor filed its petition alleging it had not been fully paid for labor and materials used in the construction on owners’ residence. The petition alleged the bill came to $14,638.59, owners had paid $8,241.26, and a balance of $6,397.33 remained to be paid.

Owners filed a verified motion to dismiss alleging contractor had agreed to do the job for $9,500, and there was a dispute as to the…