Sharpe v. Nationwide Mutual Fire Insurance

WHICHARD, Judge.

An “accord” is an agreement whereby one of the parties undertakes to give or perform, and the other to accept, in satisfaction of a claim, liquidated or in dispute, and arising either from contract or tort, something other than or different from what he is, or considered himself entitled to; and a “satisfaction” is the execution or performance, of such agreement.

Allgood v. Trust Co., 242 N.C. 506, 515, 88 S.E. 2d 825, 830-31 (1955). While normally the existence of an accord and satisfaction is a question of fact for the jury, if the only reasonable inference is its existence…