Is a cheque marked “in full of claim” valid?

The only other question raised was whether plaintiffs, by accepting cheque marked “in full of claim,” were not presumed to have -accepted same in settlement, and were estopped from saying that they did not so accept same. Day v. McLea (1889), 22 Q.B.D. 610, 58 L.J.Q.B. 293, 60 L.T. 947, is conclusive against this proposition. There it was decided, on a similar statement of facts, 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. In this case plaintiffs did not accept cheque in satisfaction, and they are therefore entitled to recover the balance due.