This section contains the nature of the case and procedural background.

Associated (P) provided labor and materials to Coggins (D) to complete a structure on Main Street in Bar Harbor. After a dispute arose regarding compensation, P and D executed an agreement stating that there existed an outstanding balance of $77,005.54 setting forth terms for repayment. The agreement called for a payment of $25,000 on or before June 1, 1996, and $25,000 more on or before June 1, 1997. No interest was to be charged or paid if all payments were made as agreed. If payments were not made, then interest was to accrue at 10% from the date of default. There were no prepayment penalties applied and that if the two payments were made the $20,005.54 balance was to be forgiven. D made the first payment on time. The second payment was delivered 3 days late. P claimed a breach and sued demanding the balance and interest. D answered claiming an accord and satisfaction and waiver. Both parties moved for summary judgment. D got theirs and P appealed.

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