Vaughn Excavating & Construction, Inc. v. Centergas Fuels, Inc.

OPINION

MACKEY K. HANCOCK, Justice.

Appellant, Vaughn Excavating and Construction, Inc. (Vaughn), appeals from a judgment granted Centergas Fuels, Inc. after a bench trial in a suit on a sworn account for fuel delivered to Vaughn. Appellant’s sole contention is that it established the affirmative defense of accord and satisfaction as a matter of law. We affirm.

Factual and Procedural Background

By an open account arrangement, Vaughn had been buying diesel fuel from Centergas and Centergas’s predecessor, Signal, for a considerable period of time. In November 2003, a 2003 Kenworth truck owned by…