The parties orally contracted for Pendergrass Construction to perform grading and other work on Ingrams property for

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The parties orally contracted for Pendergrass Construction to perform grading and other work on Ingram’s property for the price of $2,500.00. After Pendergrass Construction began the work, Ingram requested additional work. The parties did not discuss any additional payment for this work. After the work was complete, Pendergrass Construction sent Ingram an invoice for $9,073.00. Ingram told Pendergrass Construction he would not pay that amount and sent them a cashier’s check marked “pd in full ” for $1,500.00, which was the balance due on the original $2,500.00 price. Pendergrass Construction marked through the “pd in full” notation on the check, cashed the check, and then notified Ingram that they considered the check to be a credit against the total amount owed. Pendergrass Construction later brought suit against Ingram to refute an accord and satisfaction and argued that the parties entered into two separate contracts, one for $2,500.00 and another for additional work above and beyond the original agreement. The trial court ruled in favor of Pendergrass Construction. This appeal followed. How should the court decide? Do you believe the parties entered into an accord and satisfaction? Why or why not?

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Dynamic Business Law The Essentials

ISBN: 9781260253382

5th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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