Q: Accord and satisfaction of an easement agreement.
We have an easement agreement for $10.00, which included crop damages and repurposing of soil. This was signed in 2018.
The check has no specific language on it. However, a letter sent with the check was subsequently sent for $30000 and language in the letter states, " this is for consideration of the easement, plus damages and is all inclusive". The easement did not start until 2021 and the lease farmer is asserting crop loss damage due to insufficient soil repurposing.
Does the cashing of the check suffice for accord and satisfaction if:
There was no controversy of damages at the time in 2018, did we waiver a claim for damages in the future
If the easement company has gone back to the original contract and has attempted to repurpose the soil ( that is in the original agreement) what contract then would apply the original or the agreement pursuant to the accord and satisfaction since they are flipping between the two positions
Thank you
Sue
A: Sue you have a lot of good questions and a lot at risk. The short answer is yes cashing the check could put you at risk. But, I certainly do not know all of the facts as related to you issue. So, I recommend that you contact an attorney to have a discuss so that you can fully understand your rights, remedies, risks and options prior to cashing that check. My firm (Robinson and Henry) has an office in Colo Springs and we offer free initial case assessments.
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