Jahn v. Burns

Appellant-plaintiff and appellee-defendant were involved in an automobile accident. Defendant mailed plaintiff a letter accompanied by a cashiers check for $200.00. The letter read in part: "I intend this check as payment in full for all personal and property damages resulting from our accident of Feb. 10, 1978." The front of the check contained the notation: "Payment in full for all personal and property damages resulting from our accident of Feb. 10, 1978." Plaintiff crossed out this notation and wrote on the back of the check: "Deposited under protest and with full reservation of all my rights." She then endorsed the check and cashed it. Thereafter, she filed a complaint against defendant for damages arising out of the accident. Defendant answered the complaint asserting, among others, a defense of accord and satisfaction. Defendant then filed a motion for summary judgment. The parties stipulated that the motion did not raise a genuine issue as to any material fact.