Gallagher Lumber Co. v. Shapiro

This is a suit by the plaintiff building supply company, Gallagher Lumber Company, to recover a balance claimed due for materials furnished the defendant, Andrew Shapiro, an architect, in connection with construction work done on both his office and the house in which he lives. The defense of accord and satisfaction was pleaded, based on a check received and cashed by the plaintiff representing defendant’s claim as to the true balance due. The trial court denied the claim of accord and satisfaction and gave the plaintiff judgment for the balance remaining after the proceeds of the check in…