Cengage Advantage Books: Law for Business 19th Edition by John Ashcroft,Katherine Ashcroft,Martha Patterson

تمرين 8

Success Management Team Inc. (Success) and Town Country Real Estate Inc. (Town) agreed that Success would sell stock and a Coldwell Banker franchise to Town for $40,000. Town paid Success $20,000 with the agreement and signed a note for $20,000. Success later sued Town on the note. Town's lawyer sent Success's lawyer a check for $18,500 with a letter saying that Town had incurred $1,500 in attorney's fees because of Success's failure to transfer the Coldwell franchise timely. The check was deposited in Success's attorney's escrow account. Success's attorney replied that Town could not set off disputed damages (the attorney's fees) against the promised amount ($20,000). He continued that Town owed interest and attorney's fees for breaching the note and contract, but Success would accept $25,000. Town argued that by keeping the money, Success had cancelled the debt. Had it?