Plaintiff-appellant sued on an oral contract alleging performance on his part and failure of defendant-appellee to pay an un-liquidated amount of damages. Summary judgment was entered by the court below in favor of defendant-appellee which judgment was predicated upon accord and satisfaction.

The undisputed facts herein place this case squarely within the ambit of Miller-Dunn Co., Inc. v. Green,1 and it is con*647trolled thereby. The case is clearly distinguishable from that decided by this court in Best Concrete Corp. v. Oswalt Engineering,2 in which the sums paid were on a disputed claim which constituted no part of the claim sued for in that case.

Accordingly, the judgment appealed from should be, and it is hereby, affirmed.