Mitchell v. Certified Finance, Inc.

Since I believe the reply in this case is sufficient to raise questions of fact as to whether an accord and satisfaction as to “all claims” was consummated between the parties, I feel constrained to dissent from the majority opinion.

First, the reply is entitled to all presumptions and inferences in favor of the pleader when attacked by ■ a demurrer. (Hatcher’s Kan. Dig., Pleading sec. 35; West Kan. Dig., Pleading sec. 192 [2] et seq.) Secondly, the plea of an accord and satisfaction is an *791affimative defense which must be pleaded, and if denied by plaintiff, proved by the defendant. (Hines v.…