AFC Interiors v. DiCello

To reach its decision, the majority has misread and misapplied the Uniform Commercial Code, ignored the overwhelming weight of authority in other jurisdictions, and overruled the long-standing decisional law of this state, most particularly as pronounced in Seeds Grain & Hay Co. v. Conger (1910), 83 Ohio St. 169, 93 N.E. 892. Further, the majority reverses the unanimous decision of the court of appeals and the judgment granted in the trial court. I respectfully, but vigorously, dissent.

At common law, an accord and satisfaction is accomplished when a creditor accepts and deposits a check which…