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Contracts Keyed to Frier
Wong v. Paisner
Citation:436 N.E.2d 990 (1982)
Plaintiff agreed to prepare mechanical drawings for Defendant for a lump sum of $1,000. Plaintiff claimed that the agreement was later modified to substitute an hourly rate for the work. Defendant paid Plaintiff a lump sum of $500. Plaintiff then sent a bill to Paisner for $5,400, which represented 235 hours of work at $25 per hour, less the $500 that had been paid. Defendant sent Plaintiff a check for $1,000 with a letter that stated that the $1,000 represented payment in full and that the $500 that had previously been paid was an attempt to appease Plaintiff in light of their misunderstanding over the terms of the contract. Plaintiff deleted the phrase “payment in full” from the check and deposited it. Plaintiff sued Defendant for the remainder owed. The trial court refused Defendant’s request to instruct the jury on accord and satisfaction. The jury returned a verdict in favor of Plaintiff for $4,400. Defendant appealed.
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