Miller supplied materials (aggregate) to the general contractor, Gottardo Construction, which was building a road extension for SLF. After supplying the material, Miller would invoice Gottardo, which would check the invoice against deliveries and then pay by cheque. At the end of the job Miller submitted the final invoice, which Gottardo paid, and then Miller and Gottardo signed a contract entitled "Memorandum of Release." This document was an acknowledgement by Miller that it had been paid in full and indicated that it was binding on all parties. Unfortunately, Miller discovered a number of invoices for over $400,000 had been missed and subsequently submitted them to Gottardo for payment. The construction company refused to pay, and this action was brought seeking the outstanding payments.

1. What would be the basis for the legal action?
2. Explain the arguments on both sides.
3. What is the likely outcome of this legal action? Render a decision and state the remedy.