Otto Schuttinger, Appellant and Respondent v. Frank C. Woodruff, as Surviving Partner of the Firm of S. D. Woodruff…

Summary

The Court of Appeals reversed the trial and Appellate Division judgments, dismissing the plaintiff’s first three causes of action on the ground that an accord and satisfaction existed, and affirmed the dismissal of the fourth cause because the conditional order was contingent on satisfactory seed. The decision rests on the presence of a genuine dispute over seed quality and the acceptance of a partial payment as full settlement.