What is the effect of a cheque being kept?
Saskatchewan, Canada
The following excerpt is from Peterson v. Flack, 1923 CanLII 56 (SK CA):
It was held, following Day v. McLea, supra, that the keeping of the cheque was not conclusive in point of law, but that the question was one of fact, as to whether the plaintiff had taken it in accord and satisfaction of his claim.
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