Gina, a home renovator/flipperasked Bob the woodworker to build
a blackoakbedroom set. They entered into a written contract, with a
contract price of $9,500 to be paid upon the decorator’s receipt of
thebedroom set. When the work was completed, Bobshipped the
furnitureto Gina. After inspecting it, Gina felt that it was not of
the same high level of workmanship as she was expecting, given the
other furniture that Bobhad previouslyshowcased in his showroom,
and a good faith dispute arose between the parties as to the
workmanship. GinasentBob the woodworker a check for $5,000 marked
“payment in full.” Upon receipt, Bob the woodworker endorsed and
cashed the check, then sued Ginato recover the $4,500 balance.

What would most courts likely hold?

a. Bob the woodworker’s cashing of the check constituted an
accord and satisfaction, discharging the decorator’s duty to pay
the balance

b. Bob the woodworker can recover the $4,500 balance from the

C. Bob the woodworker is estopped to sue for the balance because
he cashed the check knowing that it was being tendered in full

D. Bob the woodworker’s indorsing a check so marked constituted
a written release, thereby discharging the contract.

Select oneof the optionsbelow and answer the respective
multiple-choice question while providing your rationale for your
decisionas to why your choice is more correct than the other
options. (your answer supported by thoughtful analytical reasoning
and supported by law and facts?). 300 words

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