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PETROLEUM COLLECTIONS INC. v. SULSER

Docket No. 11863.

265 Cal.App.2d Supp. 976 (1968)

70 Cal. Rptr. 537

PETROLEUM COLLECTIONS INCORPORATED, Plaintiff and Appellant, v. RAYMON R. SULSER, Defendant and Respondent.

Court of Appeals of California, Appellate Department, Superior Court, Los Angeles.

August 1, 1968.

Attorney(s) appearing for the Case

Cutler & Cutler for Plaintiff and Appellant.

Irmas, Simke, Rutter, Green, Lasher & Hecht and Richard L. Hecht for Defendant and Respondent.

WHYTE, P.J.

[1] This case involves the troublesome question of a check for a lesser amount tendered as payment in full of a liquidated and undisputed claim and bearing an endorsement stating that by such endorsement the creditor releases the debtor "from any and all claims or liability of any kind" as of the date of said check.

Upon a reading of Civil Code section 1524: "Part performance of an obligation, either before or after a breach thereof...

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