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FRUIT & PROD. PKG. CO., DIV. OF INLAND CONT. CORP. v. STEPP

No. 7229DC171.

189 S.E.2d 536 (1972)

FRUIT & PRODUCE PACKAGING COMPANY, DIVISION OF INLAND CONTAINER CORPORATION v. Leon STEPP.

Court of Appeals of North Carolina.

June 28, 1972.

Attorney(s) appearing for the Case

Redden, Redden & Redden, by Monroe M. Redden, Jr., Hendersonville, for plaintiff-appellee.

Francis M. Coiner, Hendersonville, for defendant-appellant.

BROCK, Judge.

Defendant assigns as error that the court concluded that defendant failed to plead a defense of accord and satisfaction. We think that the trial judge was correct.

G.S. § 1A-1, Rule 8(c) states in pertinent part: "In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction . . . and any other matter constituting an avoidance or affirmative defense. Such pleading shall contain a short and plain statement...

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