Board of County Road Commissioners v. Midland Contracting Co.

(after stating the facts). There is one question regarded by the trial judge as extremely close, which disposes of the case finally, and we will consider only that question. When the plaintiff accepted, indorsed, and cashed defendant’s check with the condition therein stated, there was an accord and satisfaction, and the differences between the parties were then and there settled. No fraud is charged, and we have not before us an equitable proceeding to reform an instrument on the ground of mutual mistake. In Stone v. Steil, 230 Mich. 249, Mr. Justice Sharpe fully considered this question…