PINCUS-LITMAN CO., INC. v. CANON U.S.A., INC.


98 A.D.2d 681 (1983)

Pincus-Litman Co., Inc., Respondent, v. Canon U.S.A., Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 22, 1983


The commission checks sent by defendant to plaintiff which plaintiff deposited did not operate as an accord and satisfaction of the claim. The checks tendered to plaintiff Pincus-Litman Co., Inc. each had a printed box with lines in the left-hand portion of its face. The appropriate month, year, and a notation reading "Sales Rep Commissions" was added in handwriting. Above the box in extremely small print is the legend "Endorsement of This Check is Accepted in Full Payment...

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