Pileco, Inc. v. HCI, INC.

OPINION

EVANS, Chief Justice.

Pileco, Inc. sued HCI, Inc. on a sworn account for $5,731.81. After suit was filed, but before HCI was served, HCI tendered its check to Pileco for the full amount of the account. The back of the check contained the restrictive notation “By signature hereto, endorser acknowledges full, complete and final settlement of all claims against payer.” Pileco typed the words “Under Protest” on the check and cashed it, and also sent a letter to HCI stating that the check was insufficient to cover “statutory interest” in the amount of $232.21. HCI later filed an answer in…