Bandy v. Pontiac

By JUDGE JOHN F. DAFFRON, JR.

This matter comes before the Court on defendant’s motion to dismiss on the ground of accord and satisfaction. Plaintiff alleges that she purchased a Pontiac Grand Am from the defendant on March 30, 1987. At the time of sale, plaintiff received an odometer mileage statement stating that the vehicle’s mileage was 36 miles. Upon presentation of the actual car purchased, it was revealed that the car’s actual mileage was 378 miles.

Defendant’s motion to dismiss is based on the fact that the defendant tendered, and the plaintiff accepted, a check for $100.00 in accord…