Dreyfus owned three Firestone franchises. His mechanics belong to an auto-mechanic union. As part of the contract, Dreyfus is obligated to contribute a 2% match to each mechanic's contribution to their retirement funds. Unfortunately, when business was slow, Dreyfus failed to make all of the required payments. He and the union president had many heated exchanges about this issue. Finally, Dreyfus contributed a total of $350,000 to the union members' accounts, with a check stating that they are full payment for all retirement related claims against him. Immediately after receiving the checks, the president called Dreyfus and informed him that he would not deposit the checks but would hold them until Dreyfus paid the full amount required under the contract. Costner did not ask for the return of the checks or stop payment. The president retained, but did not cash, the checks and later sued Dreyfus for the deficiency. Who is likely to win?

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