Hixson v. Cox

CARVER, Justice.

Tommy Hixson appeals from a summary judgment in favor of Robert Cox sustaining Cox’s plea of accord and satisfaction arising when Hixson accepted and cashed Cox’s check bearing a restrictive endorsement reciting settlement. We affirm.

The undisputed summary judgment proof shows that, at Cox’s request, Hixson performed certain engineering and related services in connection with property Cox owned in Dallas County, Texas. Hixson billed Cox, $3,712.62. Cox prepared a check for one-half of the claimed amount due and added a restrictive endorsement, typed on both the front and back…