Levy & Koplin v. Queen Co.

Citations

• 73 Pa. Super. 425
• 1920 Pa. Super. LEXIS 31

Syllabus

<p>Accord and satisfaction — Payment—Tender—Conditional acceptance.</p> <p>In an action to recover the balance due on a book account evidence was produced to show that the defendant had sent a cheek for an amount less than that claimed by the plaintiffs, on which was endorsed the statement that it was to be in full payment of the account. The check was returned by the plaintiffs in a letter refusing acceptance on the ground that it did not provide for the full amount of the claim. Later the check was again returned to the .plaintiff by the defendant. Under such circumstances the lower court did not err in holding that the check was received in part payment only, and in awarding judgment in favor of the plaintiff for the balance due on the account.</p> <p>Sales — Delivery—Refusal to accept because of delay — Failure to notify vendor within reasonable time.</p> <p>Where goods are received by a consignee, and the defendant four months afterwards notifies the consignor that he did not accept the goods because they were not delivered in time, a verdict is properly rendered in favor of the plaintiff because of the defendant’s failure to notify the plaintiff within a reasonable time of its intention to refuse to accept the goods.</p>