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Wong v. Paisner

436 N.E.2d 990 (1982)

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Wong v. Paisner

Appeals Court of Massachusetts

436 N.E.2d 990 (1982)

Facts

Wong (plaintiff) agreed to prepare mechanical drawings for Paisner (defendant) for a lump sum of $1,000. Wong claimed that the agreement was later modified to substitute an hourly rate for the work. Paisner paid Wong a lump sum of $500. Wong then sent a bill to Paisner for $5,400, which represented 235 hours of work at $25 per hour, less the $500 that had been paid. Paisner sent Wong a check for $1,000 with a letter that stated that the $1,000 represented payment in full and that the $500 that had previously been paid was an attempt to appease Wong in light of their misunderstanding over the terms of the contract. Wong deleted the phrase “payment in full” from the check and deposited it. Wong sued Paisner for the remainder owed. The trial court refused Paisner’s request to instruct the jury on accord and satisfaction. The jury returned a verdict in favor of Wong for $4,400. Paisner appealed.

Rule of Law

Issue

Holding and Reasoning

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