that the matters in the parties1 previous lawsuit involving
the lease agreement were "res judicata with the exception of
the question of the security deposit which was not
contemplated in the said action in Cause No. DV-83-537."
Subsequent to termination of the lease by the parties,
Geissler made demands for the payment and refund of the
security deposit of $9,034.00. Nelson failed to refund the
deposit until January 25, 1984 when he tendered a check to
Geissler written in the amount of $3,911.00. Nelson arrived
at a $3,911.00 refund by subtracting from the $9,034.00
deposit, set-off claims in the amount of $1,196.00 for
claimed damages to the leased premises and $3,927.00 for
nonpayment of the last three installments of $1,309.05 owing
on the balance of the purchase price of the business. In
other words, Nelson arrived at the set-off of $3,927.00 by
adding the portion of the lease payment attributable to
Nelson's payment on the purchase price of the business of
$1,309.05 for three months. On the back of the check
tendered by Nelson the following restrictive endorsement
appeared:
Endorsement by and payment of this check to the
named payee constitutes payment and return in full
Date s/-//~co
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