J. Max Jones & Margaret Jones v. W.B‪.‬

Max and Margaret Jones (hereinafter "Jones") brought suit against Whiteley for sums due on a contract. Whiteley counterclaimed for restitution of overpayment made to Jones in a previous transaction. The trial court found for Jones on a contract claim, but reduced his recovery by the amount of the overpayments. On appeal, Jones contends that the trial courts finding that an overpayment was made is not supported by the evidence; Whiteleys two-year delay in alleging an overpayment constitutes a bar to the counterclaim; the court erred in granting prejudgment interest on the alleged overpayment; and the court should have granted attorney fees to Jones on the contract claim. Whiteley cross-appeals arguing that the trial court erroneously invoked a "religious privilege" to exclude evidence regarding an alleged accord and satisfaction of the counterclaim.