Plant City Steel Corp. v. National Machinery Exchange, Inc.

This action was originally instituted on the theory of a rescission for breach of warranty of the purchase of a horizontal angle bending roll machine, and the complaint demanded a recovery back of the purchase price and a recovery of plaintiff’s expenses. Although the parties agreed in writing to settle the action with a return of the machine to defendant, the action was not discontinued. The defendant refused to accept the returned machine, claiming that it had been damaged.

The parties concede that the settlement agreement constituted an executory accord and that, upon a default by the…