Brent v. Westerman

WHITTAKER, District Judge.

This is an action in negligence for damages for alleged bodily injuries and property damages.

The matter is now before me upon defendant’s motion for summary judgment. The question involved is whether a $100 check of defendant given to and accepted by plaintiff at defendant’s office on the morning after an intersectional collision between automobiles owned and driven by the parties constituted an accord and satisfaction and, hence, a discharge of plaintiff’s claims against defendant for damages arising out of that collision.

Defendant attaches to his motion for summary…