This section contains the nature of the case and procedural background.

Kibler (P) and Garrett (D) agreed that P would receive a minimum of 18 cents per bushel for each bushel of wheat he harvested for D. P harvested the wheat and then charged D 20 cents per bushel ($876.20). D sent P a check for $444 with fine print which stated that the check was for payment in full. P cashed the check without seeing the fine print or realizing that the check was for payment in full. P then sued D for breach of contract; inadequate notice of the proposed accord. D alleged that P's cashing of the check represented an accord and satisfaction. The trial court dismissed the action. P appealed.

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