In the separate appeal from the district court, Pride v. Harris, No. The district court judgment was then vacated. The superior court then vacated its prior summary judgment based on res judicata. The Superior Court Erred in Granting Summary Judgment for Harris and Suburban Propane on the Basis of Accord and Satisfaction. The standard of review applicable to summary judgments is de novo.
Pride responds that any alleged accord lacked the requisite intent and consideration.
We held that the enforceability of an accord is governed by general contract principles and thus requires an intent to enter into an accord, as well as an offer, an acceptance and consideration. Co. v. Ogden Envtl. Drawing all inferences of fact in favor of Pride, we conclude that the superior court erred. Any alleged accord was not supported by consideration. Consideration for an accord exists where parties settle a good-faith dispute.