W. H. McCune, Inc. v. Revzon

In September, 1957, the plaintiff sent the defendant a bill for work done and materials furnished during the preceding four months. The defendant made payments on account until December, 1957; the balance then due was $1482.82. At that time, the parties had some conversation about the bill. Later, the defendant claimed that the plaintiff had agreed to accept $1000 in full payment, but the trial court found that the amount of the bill was not in dispute, that the conversation about the bill was “talk” designed to induce the plaintiff to accept less than the amount actually due and that there…