Fashion Mart Building, Inc. v. Herman A. Thomas, Inc.

Fashion Mart Building, Inc., defendant below, appeals from an adverse final judgment, as amended, which was rendered after a non-jury trial.

Defendant’s first point for reversal states:

“Where there is a dispute as to an amount due and the debtor delivers a check to the creditor upon the explicit condition that the check is in full payment of the obligation, does the retention of such check by the creditor constitute an accord and satisfaction.”

Here, the amount due the plaintiff, the intention of the plaintiff and the reasonableness of the time plaintiff retained the check from the defendant…