N. C. Monroe Construction Co. v. Coan

BROCK, Chief Judge.

Defendants’ appeal raises the procedural issue of whether summary judgment was properly granted as to any or all issues in the dispute between these parties.

Defendants contend that Judge Seay erred in finding no genuine issue as to the material fact of accord and satisfaction. The breach of contract alleged by defendants in their answer can be a valid defense to payment of the notes. Stelling v. Trust Co., 213 N.C. 324, 197 S.E. 754 (1938). In order to avoid defendants’ defense and counterclaim, plaintiff alleged the affirmative defense of accord and satisfaction. If…