Was there an accord and satisfaction, discharging the debt? Jim Henches, a licensed massage therapist, treated Benjamin

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Was there an accord and satisfaction, discharging the debt?

Jim Henches, a licensed massage therapist, treated Benjamin Taylor after he was injured in a car accident. When all treatments were finished, Henches billed Taylor for more than $7,000. Taylor’s insurance company claimed the bill was exorbitant and paid only $2,625, for 24 massage treatments.
Henches continued to send bills to Taylor, not only for the balance due but for additional time spent consulting with Taylor’s other health care providers, preparing to testify in Taylor’s personal injury lawsuit, and attempting to collect his debts. In response to a bill for $11,945.86, Taylor’s lawyer, James Harris, sent Henches a letter, stating:
I have reviewed your billing statements and am having a difficult time understanding a number of charges you included. By my calculations, the amount owed to you is approximately $5,243.45. I have enclosed a check for that amount as payment in full to settleMr. Taylor’s account with you.
The letter was accompanied by a check with “final payment” written on the notation line. Henches filed suit, seeking the full balance. Then he wrote “attorney/fee” on the check, over the word “final,” and deposited the check.
The trial court gave summary judgment to Taylor, ruling that deposit of the check constituted accord and satisfaction. Henches appealed.

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Business Law and the Legal Environment

ISBN: 978-1111530600

6th Edition

Authors: Jeffrey F. Beatty, Susan S. Samuelson, Dean A. Bredeson

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