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Metromarketing Services

3/2/2000

to whether MSI's acceptance of the check constituted satisfaction of HTT's obligations on all outstanding invoices or only on the three invoices listed on the check stub. Having concluded there is a genuine issue of material fact, we find that HTT was not entitled to summary judgment based on its accord and satisfaction defense. Accordingly, we sustain the second issue.


CONCLUSION


HTT, as movant, failed to carry its burden to show that it was entitled to summary judgment as a matter of law on its affirmative defenses. For the reasons set forth above, we reverse the judgment of the trial court and remand this case for further proceedings.


Judgment rendered and Opinion filed March 2, 2000.


Publish -- TEX. R. APP. P. 47.3(b).






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