Defendant filed a motion for partial summary judgment alleging, among other things, that after noticing cracks in the foundation wall and having the cracks inspected by an engineer, plaintiffs wanted to rescind the contract. In the motion, defendant concluded that there was an accord and satisfaction of plaintiffs' claim regarding the foundation wall. After plaintiffs filed a response, the trial court granted defendant's motion for partial summary judgment. A trial was conducted on the remaining issues. The trial court entered judgment in favor of defendant on plaintiffs' claim and for defendant on its counter-claim.
Plaintiffs appeal, raising six points with numerous sub-points.
Plaintiffs argue in their first point that the trial court erred in granting partial summary judgment. Plaintiffs contend that every fact in defendant's summary judgment motion was disputed. When considering appeals from summary judgment, we review the record in the light most favorable to the non-movant, and give that party the benefit of all reasonable inferences. An accord is an agreement for the settlement of a previously existing claim by a substituted performance. Satisfaction is the performance of the agreement.