Jenkins v. Henry C. Beck Company

ON MOTION FOR REHEARING

SMITH, Justice (dissenting).

Upon further consideration of this case, I have concluded that we erred in reversing and remanding this cause to the trial court for a new trial. I agree with the trial court and the Court of Civil Appeals that when Jenkins unconditionally accepted the three checks an accord and satisfaction of the claims against Beck was effected. Beck has fully discharged his burden of conclusively establishing the affirmative defense of accord and satisfaction. What more can he do upon another trial?

The summary judgment record conclusively shows that there…