Harris v. Rowe

I respectfully dissent.

The real issue in this case is whether the agreement to escrow $775.00 pending completion of the construction constituted an accord and satisfaction as a matter of law. The majority applies accepted rules of construction to hold that it does. I would, applying those same authorities, hold that the thundering silence of the agreement itself, combined with the conflicting expressions of the parties to that agreement, created a fact issue that should have been submitted to the jury.

The trial court, after both sides closed the evidence, instructed a verdict for Harris, the…