Defendant also contends that the evidence established an accord and satisfaction. Without reaching the question of whether an accord and satisfaction of an agreement covered by the statute of frauds must also meet the statutory requirement of a writing there are two reasons why this defense fails. First, it was not preserved because the defendant submitted no instruction of this affirmative defense to the jury. That failure waives the defense. Shepard v. Harris, 329 S.W.2d 1 (Mo. banc 1959) [6, 7]. Second, by defendant’s evidence the alleged accord also required execution of a note or notes by defendant for rent already in arrears at the time of the alleged agreement. No note was executed. If there was an accord there was no satisfaction. Both are required. Western Military Academy v. Viviano, 235 Mo.App. 301, 133 S.W.2d 1098 (1939) [1-5]; Loeb v. Viviano, 202 S.W.2d 528 (Mo.App.1947) [2].