Is a cheque accepted in full satisfaction an accord and satisfaction?

In Day v. McLea, supra the defendant sent to the plaintiff a cheque for less than the amount claimed by the plaintiff with a form of receipt indicating that the sum was accepted in full satisfaction of the claim. The plaintiffs kept the cheque but refused to accept it in satisfaction, and sent a receipt on account. It was contended that the keeping of the cheque so sent was, as a matter of law, an accord and satisfaction of the claim, and that the plaintiffs were bound either to take it in full satisfaction or to return it. Bowen J. held at p. 613 that the question whether there is an accord and satisfaction must be one of fact: If a person sends a sum of money on the terms that it is to be taken, if at all, in satisfaction of a larger claim; and if the money is kept, it is a question of fact as to the terms upon which it is so kept. Accord and satisfaction imply an agreement to take the money in satisfaction of the claim in respect to which it is sent. If accord is a question of agreement, there must be either two minds agreeing or one of the two persons acting in such a way as to induce the other to think that the money is taken in satisfaction of the claim, and to cause him to act upon that view. In either case it is a question of fact.