MOTIVE PARTS CO. OF AMERICA, INC. v. ROBINSON

No. 76-513.

369 N.E.2d 119 (1977)

53 Ill. App.3d 935

11 Ill.Dec. 665

MOTIVE PARTS COMPANY OF AMERICA, INC., an Illinois Corporation, Plaintiff-Appellant, v. Sheldon R. ROBINSON, Individually and d/b/a Robinson Automotive Supply Company, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

October 7, 1977.


Attorney(s) appearing for the Case

Arnstein & Levin, Chicago, for plaintiff-appellant.

Gerald B. Saltzberg, Fishman & Fishman, Chicago, for defendant-appellee; Sidney Z. Karasik, Chicago, of counsel.


WILSON, Justice.

This is an appeal from a judgment finding defendant not liable for goods allegedly purchased by him. Plaintiff raises two issues on appeal: (1) whether defendant's failure to object to statements of account mailed to him constitutes an acceptance of the accuracy of the figures listed thereon and a promise to pay the balance due; and (2) whether an executory accord was created during a conversation between defendant and one of plaintiff's employees...

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