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Evans used his credit card to run up a $98.75 bill with the Rosen Department Store. When Rosen tried to collect, Evans wrote a check for $79.00. He wrote on the check that he meant it to be “full payment of all accounts to date.” Rosen cashed the check. When Rosen sued Evans for the $19.75 balance, Evans argued that under accord and satisfaction, the fact that Rosen cashed the $79.00 check meant that it had accepted that amount as full payment. Was Evans correct? Can anyone help me out with this question?

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No it meant that Rosen had accepted partial payment upon cashing the check. Rosen did not agree in writing the amount received would be full payment, there is a balance of $19.75 due.

            
        

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