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ALLEN v. R.G. INDUS. SUPPLY

No. 91-2411.

66 Ohio St.3d 229 (1993)

ALLEN ET AL., APPELLANTS, v. R.G. INDUSTRIAL SUPPLY; RICKENBACKER ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 19, 1993.

Attorney(s) appearing for the Case

Willis & Linnen Co., L.P.A., and Jerome T. Linnen, Jr., for appellants.

Nukes, Perantinides & Nolan Co., L.P.A., and James J. Gutbrod, for appellees.

WRIGHT, J.

The question presented is whether summary judgment in favor of James and Robert Rickenbacker was proper on the ground that the Allens' negotiation of the check sent to them by Allstate constituted an accord and satisfaction of all of their claims against the Rickenbackers. For the following reasons we hold that summary judgment was not proper and, accordingly, reverse and remand for further proceedings.

I

Accord and satisfaction is an...

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