Legal Question in Business Law in Ohio

Final payment written on Check

Our neighbor's boss asked my husband to do some contracting work on her daughters home. The job was so large my husband told her it would need to be done on an hourly basis, that he could not provide an estimate. There was a verbal agreement between the two. When it came to presenting the final bill, the people paid only 1/2 of the bill and wrote final payment on the check claiming my husband had exceeded his estimate. If the check is cashed do we forfeit trying to collect the rest of the money due?


Asked on 11/10/01, 10:20 am

2 Answers from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Final payment written on Check

I would refrain from cashing the check, and file a lawsuit for the full value of your husband's services. It would be helpful to retain someone who does similar work to this job to testify as to the value of the work involved.

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Answered on 11/10/01, 12:07 pm
Gregg Manes Gregg A. Manes, Esq.

Re: Final payment written on Check

You should make a copy of both the front and back of the check and endorse it "under protest". You may then proceed under the theory of unjust enrichment.

good Luck!!!!!!!!!!!!!

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Answered on 11/16/01, 10:14 pm


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