Tates, Inc. v. Little America Refining Co.

CROCKETT, Justice:

Tates, Inc., sued defendant, Little America for $3,407.26 as the balance owed on a 45-passenger bus which it had sold the defendant for a contract price of $28,514.37. Defendant answered: Not indebted; that in connection with making its last payment there had been an accord and satisfaction of the entire debt; and also asserted a counterclaim for $5,500 damages for failure to deliver the bus within the agreed time.

At the conclusion of the plaintiff’s evidence defendant moved for dismissal. The trial court reserved ruling thereon; and after defendant had presented its…