McDonald Chevrolet Olds, Inc. v. Gailey

McMurray, Presiding Judge.

Plaintiff W. H. Gailey, d/b/a Gulf Oil Products, brought this suit on an account against McDonald Chevrolet Olds, Inc., an automobile dealership. Defendant answered, denying plaintiffs claim. The matter was tried before a jury which returned a verdict in favor of plaintiff in the amount of $4,758.16. Defendant appeals. Held:

1. Defendant presented evidence intended to establish a defense of accord and satisfaction. This issue being presented by the evidence before the jury, the trial court charged the jury on the definition of accord and satisfaction and the…