Marton Remodeling v. Jensen

706 P.2d 607 (1985)

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Nature of the Case

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Facts

Jensen (D) engaged Marton (P) to remodel his home under a time and materials contract. P finished the work and presented a bill for $6,538.12. D contended that the number of hours claimed were excessive and offered to pay $5,000. P refused. D then sent a $5,000 check to P with an endorsement of full and final payment and full satisfaction for all services and materials rendered. P refused the check and filed a lien and then cashed the check after writing not full payment below the condition. P sued D for the $1,538 balance plus punitives and attorney fees. D pled accord and satisfaction. The jury awarded P the verdict of $1,538, $1,000 punitives and $5,950.24 attorney fees. The trial court remitted the punitive damage and reduced the attorney fees to $2,976.12. Both parties appealed.