May 30, 2009
New Jersey Attorney Barbara Drasheff won a dismissal on behalf of a lingerie manufacturer and designer against a claim for non-payment of goods by successfully raising a defense of accord and satisfaction during a trial before Barbara A. Curran, J.S.C. in Hudson County Superior Court. The firm's client received late, non-conforming goods pursuant to a purchase order. The parties discussed the matter on numerous occasions and eventually agreed to a discount on the original price on the merchandise. The manufacturer paid the agreed upon price based upon the understanding that the discounted payment would constitute payment in full. The seller sued for the full amount of the original contract. Ms. Drasheff successfully argued that the doctrine of accord and satisfaction precluded any recovery by the seller, and the court granted a dismissal of all claims.
