Marton Remodeling v. Jensen
Supreme Court of Utah
706 P.2d 607 (Utah 1985)
Relevant factsFree
Jensen (defendant) hired Marton Remodeling (Marton) (plaintiff) to remodel his house, then disputed Marton's bill as excessive. Jensen sent a check for the amount he believed was owed, writing on it that it was full payment for the work. Marton cashed the check but wrote "not full payment" underneath Jensen's notation, then sued for the balance it claimed was still due. The trial court found for Marton, and Jensen appealed.
IssueFree
Whether an accord and satisfaction occurs when there is a dispute over part of the amount owed on a contract, a check is tendered for the undisputed amount with a condition attached stating it is full payment, and the party to whom the check is tendered cashes it.
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