Wednesday, December 25, 2013

Marton Remodeling v. Jensen case brief

Marton Remodeling v. Jensen case brief summary
706 P.2d 607 (Utah 1985)

CASE SYNOPSIS
Matter before court on parties' appeals from trial court's (Utah) judgment awarding damages and attorney fees to plaintiff in time and materials contract action based on accord and satisfaction.

CASE FACTS
Plaintiff and defendant entered into a time and materials contract for remodeling work on defendant's home. Defendant was presented a bill and paid for a portion of the bill with a check indicating that the debt was paid in full. Plaintiff indicated on the check that it was not full payment, cashed the check, and sued defendant for the balance. A judgment was entered awarding plaintiff damages and attorney fees.

DISCUSSION

  • Upon appeal, the court reversed and remanded, holding that defendant's payment and plaintiff's subsequent acceptance constituted an accord and satisfaction. 
  • Furthermore, it held that plaintiff's acceptance of only the undisputed portion of the single claim did not avoid the fact that an accord and satisfaction existed.

CONCLUSION
Court reversed and remanded judgment awarding damages and attorney fees to plaintiff in time and materials contract action because an accord and satisfaction existed regardless of plaintiff's attempt to impose additional conditions within plaintiff's acceptance of the undisputed portion of the single claim.


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