Rmp Industries, Ltd. v. Linen Center

386 N.W. 2d 523 (1986)

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Nature of the Case

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Facts

Brown (D) contracted to remodel Linen's (D2) property. D hired RMP (P) as a subcontractor to erect shelving at a set price ($2850). The shelving was completed on time, but P was unable to install it because the carpet was not laid. Both D and D2 agreed to pay P an overtime rate, but not for the total length of time to complete the project. P billed the total work at $8951. D disagreed with P's total and sent P a check for $4300 with a provision that negotiation of the check was settlement in full. P cashed the check, endorsing it 'under protest,' and sued for the balance. D was granted a summary judgment because there was an accord and satisfaction. P appealed; negotiation of a check under U.C.C. Section 1-207 is not an accord and satisfaction.