Gordon Motor Parts, Inc. v. Actus Products Corp.

Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: Upon the record we think that there was an accord and settlement between the parties. There is a question of fact as to whether or not the defendant agreed to pay the plaintiff in merchandise or in cash. All concur. (The judgment dismisses the complaint in an action for damages for an alleged breach of warranty.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.