Peckham Industries, Inc. v. Lehmann

Greenblott, J. P.

Defendant, a contractor, purchased materials and rented equipment from plaintiff. Defendant sent plaintiff a check in the amount of $3,463.07 on November 14, 1969. The face of the check was broken down to show specific payments for various items and it contained a statement "Paid in Full”. Up to that point, defendant had received a bill for the material, but had not been billed for the equipment, since these items had been provided to defendant by different subsidiaries of the plaintiff, and plaintiff’s office manager testified that different billing procedures were involved.…