Horton v. Daimlerchrysler Finiancial Services Americas, L.L.C.

262 S.W.3d 1 (2008)

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Nature of the Case

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Facts

P and Financial’s (D) authorized representative, Commercial Recovery Systems, agreed to accept $1,000 as payment in full on a debt owed of $25,038.85. D had offered the settlement which also included that all derogatory credit information regarding the account will reflect that the account was settled. The payments were due in tranches of $500. P mailed the first check and then the second with a letter that stated the check was settlement in full of all sums due and owing and a complete release with regards to these matters. Two years later, P went to purchase a house and discovered that his credit report still contained adverse information about the account. P sued D for breach of contract. D moved for summary judgment. D argued that P failed to accept their original offer and that his letter with the last check constituted a counter-offer. D claimed that by accepting the check, they formed a new contract that contained no duty to correct derogatory credit information. P appealed.