Bowery Bay Building & Improvement Co. v. Rossiter, MacGovern & Co.

Woodward, J.:

The plaintiff brought this action to recover the balance of $133 alleged to be due the plaintiff on the sale to the defendant of one fifty-horse power, two-phase sixty cycle electric motor, sold and delivered to the defendant for the sum of $400. The answer made a general denial, alleged fraud, breach of contract, payment and accord and satisfaction, but the issue tried and determined was that of accord and satisfaction. The plaintiff introduced evidence showing the sale of the motor to the defendant at the agreed price of $400. It appears that there was some negotiation in…