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VAUGHN EXCAVATING v. CENTERGAS FUELS, INC.

No. 07-06-0205-CV.

223 S.W.3d 591 (2007)

VAUGHN EXCAVATING AND CONSTRUCTION, INC. A/K/A Vaughn Concrete Products, Inc., Appellant v. CENTERGAS FUELS, INC., Appellee.

Court of Appeals of Texas, Amarillo.

February 8, 2007.

Attorney(s) appearing for the Case

Wyatt Brooks, Burdett, Morgan, Williamson & Boykin, LLP, Amarillo, for Appellant.

Brad B. Boyd, Joe L. Lovell, Lovell, Lovell, Newsom & Isern, L.L.P., Amarillo, for Appellee.

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

OPINION

MACKEY K. HANCOCK, Justice.

Appellant, Vaughn Excavating and Construction, Inc. (Vaughn), appeals from a judgment granted Centergas Fuels, Inc. after a bench trial in a suit on a sworn account for fuel delivered to Vaughn. Appellant's sole contention is that it established the affirmative defense of accord and satisfaction as a matter of law. We affirm.

Factual and Procedural Background

By an open account arrangement, Vaughn had...

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