Question
Bridget and Molly entered into a contract pursuant to which Bridget was to render kitchen installation services for a total price of $10,000, payment due
Bridget and Molly entered into a contract pursuant to which Bridget was to render kitchen installation services for a total price of $10,000, payment due May 15. After the services had been performed, a good faith dispute arose between Bridget and Molly over whether all of the services had been properly performed. Bridget claimed that the full amount was due, but Molly argued that only $5,000 worth of services had been properly performed. After several months of argument, Molly sent a check for $7,500 to Bridget on which Molly had written "payment in full for kitchen installation services."
(a) Bridget endorsed the check without making any further notations on it, deposited the check and sued Molly for the remaining $2,500 she claims is due. Judgment for whom? Explain.
(b) Instead of the facts in (a) assume that the services were completely and fully performed. On May 12, Molly calls Bridget on the phone and explains that because she has so many bills to pay in May, she will not be able to pay Bridget the full $10,000 due on May 15. Molly asks Bridget to accept $7,500 in full payment of the money she is owed. Bridget agrees and Molly sends the check for $7,500. Bridget cashes the check and then sues Molly for $2,500. Judgment for whom?
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