Magill v. Hoffman

Carley, Judge.

Appellant-plaintiff brought suit against appellee-defendant to recover for property damage to an automobile. At the outset of the trial, appellee stipulated his liability and that accord and satisfaction would be his sole defense. The trial proceeded under this stipulation and, at the appropriate times, appellant moved for a directed verdict as to appellee’s accord and satisfaction defense. The motions were denied and the case was submitted to a jury. A verdict for appellee was returned. After appellant’s motion for judgment n.o.v. was denied, he filed the instant appeal.

The…