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