Ebert v. Johns

Citations

• 206 Pa. 395
• 55 A. 1064
• 1903 Pa. LEXIS 728

Syllabus

<p>Contract — Estoppel—Assumption of debts of another — Eeeeipt—Accord and satisfaction.</p> <p>Where a creditor gives to his debtor a receipt in full for an amount stated which in fact was only a portion of the real claim, and the debtor uses the receipt as a basis for selling his entire stock of goods to a third person, who relying upon the receipt publishes a notice that he has assumed all of the debts of the debtor, the creditor is estopped by reason of the receipt from making any claim against the purchaser of the goods; and it is immaterial that as between the parties to the receipt there was no accord and satisfaction.</p> <p>The rule that payment of a smaller sum is not a good accord and satisfaction for a larger one applies only between debtor and creditor, and not to third parties.</p>