Legal Opinion
Spell v. A&J Power Systems
District Court, Virgin Islands
Decided February 4, 2000No. D.C. Civ. App. No. 1998-025PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
When Appellee A&J Power Systems ["A&J Power"] installed a new generator in appellant Roland Spell's ["Spell"] sailboat, the "Nicte Ha," it presented him with an invoice in the amount of $4,943.60. Spell had not received an estimate for the generator and sincerely believed that A&J Power was overcharging him for the work performed, so he wrote a $2,500.00 check to the appellee and marked it, "full and final payment."1
A&J Power crossed this language off Spell's check, deposited it, and then filed suit against the appellant for the unpaid balance in the Small Claims Division…
3Cases cited5 opinions
- Potter v. Pacific Coast Lumber Co.California Supreme Court · 1951
- McMahon Food Corp., and Counterdefendant-Appellant v. Burger Dairy Co., and Counterplaintiff-AppelleeCourt of Appeals for the Seventh Circuit · 1997
- Brunswick Corp. v. LEVINSupreme Court of Pennsylvania · 1971
- Occidental Chemical Corp. v. Environmental Liners, Inc.District Court, E.D. Pennsylvania · 1994
- Lawton v. PhilbrookDistrict Court, Virgin Islands · 1974
4Cited by2 opinions
- Hartzog ex rel. Perez v. United Corp.Superior Court of The Virgin Islands · 2011
- Berne Corp. v. Government of the Virgin IslandsSupreme Court of The Virgin Islands · 2004