Opinion
No. 02 C 1238
February 12, 2003
MEMORANDUM OPINION
The court has considered the memoranda and other materials submitted by the parties on plaintiff counter-defendant Mitsubishi Heavy Industries America, Inc.'s motion for summary judgment on its first amended complaint and defendant's first amended counterclaim. There may be a factual issue as to plaintiff's holder in due course claim contained in Count II of its complaint, and we decline to grant plaintiff summary judgment on that claim. However, we are satisfied that there is no genuine issue of material fact as to plaintiff's breach of contract claim contained in Count I of its complaint. Although there were problems with the material as delivered in the first instance, the parties agreed to a reduction of the purchase price, the performance of certain repairs by the plaintiff and an extension of the warranty period. "This resulted in an accord and satisfaction. There is no question as to the terms of the accord and satisfaction, because they are clearly set forth in the signed correspondence of the parties, Plaintiff's Statement of Material Facts, ¶ 12, Tab 3. Defendant's president even sent a letter dated June 29, 2001 acknowledging that as of that time there were "no unresolved issues with the machine" and that defendant owed plaintiff the balance of $175,000, Id. at Ex. 6.
The accord and satisfaction also resolves the defendant's counterclaim.
Plaintiff's motion for summary judgment will be allowed on both its complaint and defendant's counterclaim.