Early-Foster Co. v. W. F. Klump & Co.

KEY, O. J.

(written as dissenting opinion prior to disposition on rehearing). The writer regrets the fact that he cannot agree with his Associates in the conclusion reached by them, to the effect that the uncontradicted testimony establishes an accord and satisfaction, with that degree of certainty which justified the trial court in directing a verdict in favor of the defendant, and the reasons for his dissent will now be stated:

“An ‘accord’ is an agreement whereby one of the parties undertakes to give or perform, and the other to accept in satisfaction of a claim, liquidated or in dispute,…