BURNS TRUST v. MECCIA

No. 3088.

151 So.2d 289 (1963)

Pauline P. BURNS TRUST, William J. Kelley and J.W. Morris, Trustees, d/b/a Pacific Lumber, Appellants, v. Alban MECCIA, d/b/a Lauderdale Motors, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied April 2, 1963.


Attorney(s) appearing for the Case

Arthur B. Parkhurst, of Kelley, Tompkins & Griffin, Fort Lauderdale, for appellants.

James A. Weck, Pompano Beach, for appellee.


PER CURIAM.

Plaintiff-appellee's claim for the balance due upon an account plus interest was sustained through final judgment entered by the trial court sitting without a jury. Appellants-defendants were in agreement as to the origin of this account and the amount that was due under it but sought to bar recovery by appellee through interposition of the affirmative defenses of accord and satisfaction and that of novation. Upon the basis of the evidence and pleadings...

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