Pillow v. Thermogas Co. of Walnut Ridge

This case raises a question of first impression in the State of Arkansas, whether the Uniform Commercial Code, Ark. Stat. Ann. § 85-1-207 (Add. 1961), has altered the common law rule of accord and satisfaction asitrelates to “full payment checks”. The majority, without any analysis, has reversed the trial court, and held that the common law rule has not been changed by the adoption of the Uniform Commercial Code in Arkansas.

In an attempted settlement of a disputed debt, appellants mailed a check for $4,872.33 to appellees with a notation “acc in full” on the face of the check. Appellee…