McMillan v. Torre

OPINION

By the Court,

Zenoff, J. :

On March 22, 1963 S. J. Torre and California Lenders, Inc., entered into a written contract employing Torre as a real estate project manager. On May 18, 1964 the contract was terminated by a written bilateral agreement which contained a promise by the corporation to pay Torre $5,000 on July 1, 1964 and the balance of $5,000 on September 15, 1964 in satisfaction of unpaid salary.

On July 17, 1964 Thomas G. McMillan sent Torre his personal check of $4,000 in payment of the $5,000 installment of California Lenders, Inc., due on July 1st. He stated in his…