Ashby v. Hubbard

SMITH, Judge Pro Tem.

This is an appeal by plaintiffs from a summary judgment in favor of the defendants LaMar and Rory Barnes in a contract action involving the purchase, sale, and processing of a calf. The defendants LaMar and Rory Barnes raised the affirmative defense of an accord and satisfaction prior to the institution of the suit, and later moved for a summary judgment on that ground. The trial court granted the motion and a judgment was entered dismissing Rory and LaMar Barnes from the action with prejudice. It appears from the record that there are disputed material issues of fact for…