Weller

Action to recover a balance of $2,609.40 and interest alleged to be due upon an open account for goods sold and delivered1 by plaintiff’s assignor to defendant. In addition to a general denial, defendant pleaded, by way of a separate defense, an accord and' satisfaction.

The findings as to all the issues were against defendant, and judgment went for plaintiff in accordance with the prayer of the complaint, from which, and an order denying his motion for a new trial, defendant prosecutes this appeal.

Appellant’s claim for a reversal is based upon the ground that the facts proved established an accord and satisfaction, as alleged in his answer; hence, he claims the finding to the contrary is unsupported by the evidence.

It appears from the evidence that defendant employed plaintiff’s assignor to manufacture certain ice machines, the price thereof to be determined by the cost of construction. The machines were constructed in accordance with the specifications therefor and duly delivered to defendant. Thereafter, plaintiff’s assignor sent to defendant a statement of account as to the cost of manufacturing the machines, showing a balance due of $3,030.67. Upon receipt of this…