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.
An accord and satisfaction requires both the accord and satisfaction. Whether an accord and satisfaction has been reached is generally a question of fact. Finally, defendant concluded that the foregoing allegations demonstrated an accord and satisfaction of plaintiffs' claim involving the foundation of the house. We first address defendant's allegation that it repaired the foundation wall. In its motion, defendant relied on Helen Hiblovic's deposition.