Flambeau Prods. Corp. v. Honeywell Information Sys., Inc.

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Facts: Flambeau and Honeywell entered into a contract that Flambeau would pay a certain amount of money and Honeywell would provide computer systems. In connection to the agreement, Honeywell provided $14,000 worth of computer programming that Flambeau could use for about one year. About 15 months after the contract was entered, Honeywell informed Flambeau that $109,412 was due. Flambeau sent a check for $95,412, indicating that the check constituted full payment. Honeywell cashed the check and retained the payment.

Procedural History: Honeywell sued for the remainder of the amount owed. The lower court found for Flambeau. Appeal court reversed.

Issue: Did the acceptance of the $95,412 check constitute an accord and satisfaction thereof?

Holding: Yes, there was an accord and satisfaction.

Judgment: reversed