We find that the trial court erred in granting summary judgment as factual issues exist as to 1) whether the accord and satisfaction which was executed was intended to preclude appellant from seeking relief against appel-lee, and 2) whether appellant could have *288justifiably relied on alleged misrepresentations made by appellee.
We, therefore, reverse the summary judgment and remand for further proceedings.
WOLF, WEBSTER and LAWRENCE, JJ., concur.