R.J. Betterton Management Services, Inc. v. Whittemore

OPINION

LEWIS, Judge.

This case arose from a contract dispute between the plaintiff-appellant, R.J. Better-ton Management Services, Inc., and the defendants-appellees, Charles W. Whitte-more, Sr., and Charles W. Whittemore, Jr. At trial, the Chancellor granted the defendants’ Rule 41.02(2) motion for judgment of dismissal, holding that the plaintiff's acceptance of a check from the defendants constituted an accord and satisfaction between the parties. We reverse for reasons stated herein.

The relevant facts are simple. The parties entered an oral contract whereby R.J. Betterton, the owner and…