American Warming & Ventilating Co. v. Fayette Lumber Co.

Citations

• 54 Pa. Super. 211
• 1913 Pa. Super. LEXIS 43

Syllabus

<p>Debtor and creditor — Payment—Accord and satisfaction — Notice.</p> <p>1. Payment of an admitted indebtedness is not a consideration for the release of what is unpaid, but where a dispute exists and payment is tendered and accepted in compromise of the dispute, or in discharge of the obligation, such tender and acceptance works an accord and satisfaction, but the party to whom the payment is made must have notice that it is intended to have such an effect.</p> <p>2. Where a debtor transmits to his creditor a statement of account showing a balance due and with the letter sends a check for such balance, but neither on the check, nor in the account, nor in any letter sent therewith, states that the check must be accepted in settlement of the creditor’s full claim, there is no accord and satisfaction, although the creditor may have retained the check.</p>