STEEL CITY ERECTION CO., INC. v. Johnson-Rast & Hays, Inc.

The plaintiff, Johnson-Rast Hays, sought the recovery of insurance premiums from the defendant, who appeals.

A nonjury trial was held before the trial court. The evidence in the case was in dispute as to the terms of an accord or agreement of the parties. Summarily stated, the controversy was whether the accord included only the balance due as premiums upon two insurance policies, or whether it encompassed the entire account between the parties, which consisted of the balance of premiums payable upon three insurance policies. A question of fact was presented in that regard for the decision of…