ANESTHESIA EAST, INC. v. BARES

No. 91-CA-0839.

594 So.2d 1085 (1992)

ANESTHESIA EAST, INC. v. John A. BARES, Jr. and Charlotte R. Bares.

Court of Appeal of Louisiana, Fourth Circuit.

February 13, 1992.


Attorney(s) appearing for the Case

Joseph C. Bartels, Mark D. Kuss, New Orleans, for plaintiff.

John D. Wogan, Monroe & Lemann, New Orleans, for defendants.

Before LOBRANO and ARMSTRONG, JJ., and BRYAN, J. Pro Tem.


ARMSTRONG, Judge.

In this appeal, plaintiff creditor claims the trial court erred by finding a check tendered in full payment by defendant debtors constituted an accord and satisfaction and, therefore, extinguished their obligation. Plaintiff asserts its deletion of the restrictive language on the check was a counteroffer which was tacitly accepted by defendants. We disagree and affirm.

Plaintiff, Anesthesia East, Inc., filed suit on an open account against...

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