Capitol Coal Corp. v. Juneglory Realty Corp.

Plaintiff moves for partial summary judgment for $725 on the ground that defendant has admitted plaintiff’s claim to that extent. The defense is accord and satisfaction. Defendant admits the sale and delivery of the coal mentioned in the complaint but it says that a portion of it was of exceedingly bad quality and that a large percentage of it contained dirt and useless coal dust. It says further that on numerous dates complaints were made to plaintiff concerning the same and that finally an adjustment was arrived at resulting in the issuance of defendant’s check to plaintiff for $725 with a…