AFC INTERIORS v. DICELLO

No. 88-1541.

46 Ohio St. 3d 1 (1989)

AFC INTERIORS, APPELLANT, v. DICELLO, D.B.A. OHIO STATE HOME SERVICES, APPELLEE.

Supreme Court of Ohio.

Decided October 4, 1989.


Attorney(s) appearing for the Case

Ruport Co., L.P.A., Scott H. Ruport and Mary Beth Green, for appellant.

Robert V. Housel, for appellee.


SWEENEY, J.

The dispositive question presented in this cause is whether an accord and satisfaction has taken place with regard to the debt owed by DiCello to AFC. The appellee, DiCello, contends that an accord and satisfaction has taken place under the instant facts. The appellant, AFC, argues however that R.C. 1301.13, which embodies Section 1-207 of the Uniform Commercial Code ("UCC"), should supersede the doctrine of accord and satisfaction in the "full payment...

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