Kolb v. Hegel Bread Co. ( 1918 )

udgment reversed and new trial granted, with costs to appellant to abide event. Held, that it was error for the trial court to rule as matter of law that there was an accord and satisfaction of plaintiff’s counterclaim. There was no accord and satisfaction unless defendant so understood and intended, or led plaintiff to act upon the belief that such was its intention. These were questions of fact which we think should have been submitted to the jury. All concurred.