Mobil Oil Corp. v. Prive

In a collection action, the trial court rendered judgment for the defendant with respect to an indebtedness, undisputed as to liability or amount. He had sent, and plaintiff had cashed, a check for a lesser amount with a notation of payment of account in full. Curran v. Bray Wood Heel Co., 116 Vt. 21, 68 A.2d 712 (1949), was relied upon as supporting this result.

Curran deals with an obligation disputed as to amount. Id. at 25, 68 A.2d at 715. The rule applicable to the facts found is stated in Crosby’s Admrs. v. Naatz, 98 Vt. 226, 228-29, 126 A. 547, 548 (1924):

The payment of an amount less…