JODY PENDERGRASS, ET AL. v. BRANDON INGRAM - Articles

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Posted by: Chandra Williams on Jun 29, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Matthew G. Coleman, Cleveland, Tennessee, for the appellant, Brandon Ingram.

Attorneys 2:

Kent T. Jones, Chattanooga, Tennessee, for the appellees, Jody Pendergrass, Denise Pendergrass, and Pendergrass Construction.

Judge(s): ARMSTRONG

This case arises from a contract dispute. The parties orally contracted for Appellees to perform grading and other work on Appellant’s property for the price of $2,500.00. After Appellees began the work, Appellant requested additional work. The parties did not discuss any additional payment for this work. After the work was complete, Appellees sent Appellant an invoice for $9,073.00. Appellant told Appellees he would not pay that amount and sent them a cashier’s check marked “pd in full” for $1,500.00, which was the balance due on the original $2,500.00 price. Appellees marked through the “pd in full” notation on the check, cashed the check, and then notified Appellant that they considered the check to be a credit against the total amount owed. Appellees later brought suit against Appellant for the disputed amount. The trial court found that Appellant’s check did not constitute an accord and satisfaction and that the parties entered into two separate contracts, one for $2,500.00 and another for additional work above and beyond the original agreement. We reverse the trial court’s judgment and remand with instructions to enter judgment in favor of the Appellee.