McGlew Bros. v. Anthony Ross & Son, Inc.

This is an action of contract in which the plaintiff seeks to recover upon an account annexed, for work performed and materials furnished. The defendant’s answer is a general denial, payment, and that there was an accord and satisfaction.

The dispute, now remaining, arises in respect to the effect of the payment of a check for $50.00, dated October 7, 1936, upon the face of which appeared, “This cheek is (in settlement of the following invoices) in full payment of account to date. ’ ’ The trial judge found that the check was accepted, as written, by the plaintiff and endorsed by it and so…