Stein Steel & Supply Co. v. Briggs Manufacturing Co.

Ebbrhardt, Judge.

The central issue here and the only substantive one is whether the matter pleaded by Stein Steel in its cross action and its amended answer is a legally sufficient defense to an action on open account. These allegations show that Stein is relying on its agreement with Briggs to return the merchandise as an accord and satisfaction. An accord and satisfaction is legally valid as a defense either when it has been fully executed or when it is separately enforceable under the usual contract rules.

Absent a valid consideration there was no accord and satisfaction as to the…