Jahn v. Burns

ROONEY, Justice.

Appellant-plaintiff and appellee-defend-ant were involved in an automobile accident. Defendant mailed plaintiff a letter accompanied by a cashier’s check for $200.00. The letter read in part: “I intend this check as payment in full for all personal and property damages resulting from our accident of Feb. 10, 1978.” The front of the check contained the notation: “Payment in full for all personal and property damages resulting from our accident of Feb. 10, 1978.” Plaintiff crossed out this notation and wrote on the back of the check: “Deposited under protest and with full…