Clancy v. Callan

DOYLE, Justice.

This case presents the question of whether the owner and renter of a truck achieved an accord and satisfaction of all that was claimed by the owner by virtue of a particular notation on a check presented by the renter to the owner and subsequently cashed by the owner.

The trial court found that there had been a complete accord and satisfaction. We reverse.

In February 1971, Callan, the defendant-renter, and Clancy, the plaintiff-owner, agreed that the renter would lease the owner’s truck to haul corn between two nearby South Dakota cities, the identities of which are in dispute.…