Question
Carlos and Lucia entered into a written and signed contract under which Lucia agreed to provide editing services for a book that Carlos was writing
Carlos and Lucia entered into a written and signed contract under which Lucia agreed to provide editing services for a book that Carlos was writing for a total price of $15,000, payable upon completion of the services.
(a)Lucia performed the editing services according to the terms of the contract.While Carlos acknowledged that he owed Lucia $15,000, he informed her that he was short of cash and would be unable to pay the entire amount.Lucia orally agreed to accept $12,000 in full satisfaction of the $15,000 that was owed to her if she was paid immediately.Carlos immediately paid Lucia the $12,000.Lucia deposited the money and then sued Carlos for the additional $3,000 she claims she is still owed.Judgment for whom?Explain fully.
(b)Instead of the facts in (a), assume that a good faith dispute arose as to whether Lucia had properly performed all of the editing services according to the terms of the contract. Lucia claimed that the full $15,000 was due, but Carlos claimed that he owed her only $10,000.After several weeks of argument, Carlos sent a check to Lucia for $11,000 with a notation on the check that said that he was making this payment as full payment owed on the contract.Lucia endorsed the check and, without making any further notations, deposited it.Lucia then sued Carlos for the remaining $4,000 she claims is due. Judgment for whom?Explain fully.
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