Frank Culver Electric, Inc. v. Jorgenson

OPINION

BIRDSALL, Judge.

This appeal follows a judgment in favor of the plaintiff/appellee Frank Culver Electric, Inc. in a breach of contract action against the defendants/appellants Jorgenson. The appellants were the general contractor on a building project in Fort Huachuca, Arizona. The appellee was a subcontractor on that project and sued for money allegedly owed by the general contractor. The appellants raised the affirmative defense of accord and satisfaction. We reverse.

The pertinent facts are as follows. The appellee received payment from the appellants' for sub-contract work performed…