England v. Horbach

OPINION

BILLINGS, Judge:

Plaintiff, Lan C. England, appeals from the trial court’s dismissal of his complaint and judgment in favor of defendant, Eugene Horbaeh. Plaintiff contends the trial court erred when it held the parties’ accord and satisfaction was unenforceable. We agree and therefore reverse and remand. 1

FACTS

In late 1989 or early 1990, plaintiff and defendant entered into a contract whereby defendant agreed to purchase 258,363 shares of Medicode stock from plaintiff. The parties agreed the purchase price would be $2.75 per share, resulting in a total purchase price of $710,498.25. At…