Bernstein v. Hirsch

Citations

• 33 Pa. Super. 87
• 1907 Pa. Super. LEXIS 247

Syllabus

<p>Accord and satisfaction — Payment—Tender—Condition.</p> <p>Where in case of dispute a payment is offered as payment in full, the party to whom it is made must refuse or accept it on the condition involved in the tender. If he accepts the payment the condition upon which it was made goes with it. It is necessary that the money be offered in satisfaction of the account, and that the offer be accompanied with such a declaration as is equivalent to a condition that if the payment is accepted it shall be a satisfaction. The party to whom the offer is made must be informed at the same time it is to be a full settlement of the account..</p> <p>Where money is sent by a debtor to a creditor to apply on a disputed claim, with notice that it is to be in full settlement of a larger demand, the debtor will be discharged if the creditor receive the money.</p>