Motive Parts Co. of America, Inc. v. Robinson

This is an appeal from a judgment finding defendant not liable for goods allegedly purchased by him. Plaintiff raises two issues on appeal: (1) whether defendant’s failure to object to statements of account mailed to him constitutes an acceptance of the accuracy of the figures fisted thereon and a promise to pay the balance due; and (2) whether an executory accord was created during a conversation between defendant and one of plaintiff’s employees. We affirm.

Plaintiff is a wholesale dealer in automotive parts and defendant is a distributor of such parts. Each business day morning defendant…