Fidelity & Casualty Company of New York v. CEBM, LTD.

Eberhardt, Judge.

Where a check for less than the amount claimed by the payee and marked “in,full settlement” of a contract obligation was mailed Decerhber 29, received in due course and retained by the payee, who acknowledged receipt of the check January 28, but, calling attention to a dispute as to the amount due, informed the sender that the check would not be cashed, suggesting that another be issued in partial payment rather than full settlement, and without further communication about it still had the check in its file when it brought suit in November for the full amount claimed,…