Holm v. Hansen

McCORMICK, Justice.

This appeal involves an action for breach of warranty of cattle purchased by plaintiff Luther Holm from defendant C. N. Hansen. The case was tried to the court at law. The trial court found defendant proved an accord and satisfaction and entered judgment accordingly. The questions presented are whether the trial court erred in holding plaintiff’s claim is barred by an accord and satisfaction, and, if so, whether the court erred in its alternative determination of plaintiff’s damages. We hold that the court erred in finding an accord and satisfaction was established and in…