Uploaded March 2025 | Updated September 2026, 3 weeks ago
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Marton Remodeling v. Jensen
Utah Supreme Court
706 P.2d 607 (1985)
An accord and satisfaction arises when the parties to a contract agree that a substitute performance by one party will discharge whatever performance obligation was created by the original contract.
The Utah Supreme Court considered whether the cashing of a check marked payment in full was an enforceable accord and satisfaction in the nineteen eighty five case, Marton Remodeling versus Jensen.
Mark Jensen hired Marton Remodeling to remodel his house. The final bill exceeded sixty five hundred dollars. Believing that Marton had claimed too many hours, Jensen offered to pay five thousand dollars for the remodeling work. Marton told Jensen no. Nevertheless, Jensen sent Marton a five thousand dollar check with a payment in full condition on it. Marton cashed the check after writing not full payment under the condition.
Afterward, Marton sued Jensen in Utah State Court to recover the outstanding fifteen hundred dollar balance. The trial court found for Marton. Jensen appealed to the Utah Supreme Court, arguing that Marton's cashing of the five thousand dollar check was an enforceable accord and satisfaction.
The court addressed whether accepting a substitute payment amount for a single claim may create an enforceable accord and satisfaction if the accepting party disputes that the payment represents the full claim amount.
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Get more case briefs explained with Quimbee. Quimbee has over 42,700 case briefs (and counting) keyed to 988 casebooks ► quimbee.com/case-briefs-overview
Marton Remodeling v. Jensen
Utah Supreme Court
706 P.2d 607 (1985)
An accord and satisfaction arises when the parties to a contract agree that a substitute performance by one party will discharge whatever performance obligation was created by the original contract.
The Utah Supreme Court considered whether the cashing of a check marked payment in full was an enforceable accord and satisfaction in the nineteen eighty five case, Marton Remodeling versus Jensen.
Mark Jensen hired Marton Remodeling to remodel his house. The final bill exceeded sixty five hundred dollars. Believing that Marton had claimed too many hours, Jensen offered to pay five thousand dollars for the remodeling work. Marton told Jensen no. Nevertheless, Jensen sent Marton a five thousand dollar check with a payment in full condition on it. Marton cashed the check after writing not full payment under the condition.
Afterward, Marton sued Jensen in Utah State Court to recover the outstanding fifteen hundred dollar balance. The trial court found for Marton. Jensen appealed to the Utah Supreme Court, arguing that Marton's cashing of the five thousand dollar check was an enforceable accord and satisfaction.
The court addressed whether accepting a substitute payment amount for a single claim may create an enforceable accord and satisfaction if the accepting party disputes that the payment represents the full claim amount.
Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: quimbee.com/cases/marton-remodeling-v-jensen
The Quimbee App features over 42,700 case briefs keyed to 988 casebooks. Try it free for 7 days! ► quimbee.com/case-briefs-overview
Have Questions about this Case? Submit your questions and get answers from a real attorney here: quimbee.com/cases/marton-remodeling-v-jensen
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