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What is Accord and Satisfaction?

An accord and satisfaction defense may be the right affirmative defense where there is a disagreement about a contract between the plaintiff and the defendant, and the plaintiff already accepted a smaller sum of money from the defendant to fully satisfy the contract terms. 

Example:  Sally agreed to buy five sculptures from Harry for $100.  However, two sculptures did not turn out exactly the way Sally liked.  Harry then offered to sell the sculptures to Sally for $85 instead to solve the problem. Sally agreed and paid Harry the $85.  Later, Sally files a lawsuit against Harry because she was unhappy with the two sculptures.  Harry may be able to assert an accord and satisfaction affirmative defense.

To do more research, look up:Jenkins vs. Henry C. Beck Co., 449 S.W. 2d 454.   

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