Van Sistine v. Tollard

This is an action for $1,754.25, claimed to be the unpaid balance due for goods and services provided by plaintiff-appellant, a siding contractor, to the defendant. The answer pleaded the defense of an accord and satisfaction. The court dismissed the complaint after a trial without a jury. We affirm.

The issue is whether plaintiff is barred from recovery because he cashed defendant’s checks marked “Paid in full” but endorsed the checks “under protest & without prejudice.”

The court found that the parties entered two written contracts for improvements to defendant’s house. The first contract…