Quality Care Nursing Services, Inc. v. Coleman

OPINION

HARBISON, Justice.

This is a suit upon a liquidated, undisputed account for services rendered. The debtor made a partial payment of less than one-third of the amount claimed, but marked his check “In full to date.”1 The check was mailed from Chattanooga to an office of appellant in Baltimore, Maryland, where it was received and cashed in due course. There is no evidence of any prior discussions between the parties or of any questions made by appellee as to the manner or course of billing or concerning the services rendered.

Both the Chancellor and the Court of Appeals held that, as a…