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WITTEN SUPPLY COMPANY v. REDMOND

No. 7127SC42.

180 S.E.2d 487 (1971)

11 N.C. App. 173

WITTEN SUPPLY COMPANY, Inc. v. Thomas REDMOND and wife, Elizabeth Love Redmond, and Reggie Thomas.

Court of Appeals of North Carolina.

April 28, 1971.

Attorney(s) appearing for the Case

Horace M. DuBose, III, Gastonia, for plaintiff appellant.

Jack H. White, Davis & White, Kings Mountain, for defendants Thomas Redmond and wife, Elizabeth Love Redmond.

GRAHAM, Judge.

"Accord and satisfaction is a method of discharging a contract or cause of action, whereby the parties agree to give and accept something in settlement of the claim or demand of the one against the other, and perform such agreement, the `accord' being the agreement, and the `satisfaction' its execution or performance." 1 C.J.S. Accord and Satisfaction § 1 p. 462.

Plaintiff argues strenuously that its agreement to accept monthly installments...

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