Fredonia Gas Co. v. Elwood Supply Co.

Citations

• 71 Kan. 464
• 80 P. 969
• 1905 Kan. LEXIS 165

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Accord and Satisfaction — Question for a Jury. Where a debtor sends his check to his creditor for a less amount than the creditor claims is due, but for the full amount that the debtor claims is due, with instructions in writing to accept the same in full payment of the claim or to return the check, and the creditor does not cash the check but retains it about seventy days before returning it to the debtor, the creditor having notified the debtor on receipt of the check that it would not be received in full payment and the creditor having made repeated attempts during the time the check was held to settle with the debtor, and no question of loss to the debtor through the insolvency of the. bank or otherwise being involved, it cannot be said, as a matter of law, that there was an accord and satisfaction between the parties. Under these facts, the question whether under all the circumstances the creditor had retained the check for an unreasonable length of time and should be held to have accepted it in full payment of the debt was properly submitted to the fury.</p>