National Cash Register Co. v. Petsas

Citations

• 43 Wash. 376
• 86 P. 662
• 1906 Wash. LEXIS 709

Syllabus

<p>Accord and Satisfaction — Evidence—Sufficiency. In an action for the price of a cash register, a full settlement by a payment through a bank is not shown where the bank official flatly denied the testimony of the vendee that the payment was in full settlement, and the bank had no knowledge of the transaction or authority to accept payment in full; since the burden of proof is upon the vendee to establish such defense by the preponderance of the evidence.</p> <p>Same. Where a note had been given for the price of a cash register, less a specified valuation for an old register which the vendee had the option, of turning in as part payment, the evidence is insufficient to show an intent on the part of the vendor to accept a discount of the note as full settlement, without receipt of the old register or its agreed valuation, where it appears that, upon an installment falling due, the vendor had sent a draft therefor to a bank with the note, authorizing the acceptance of a certain sum “in full settlement of the draft and note.”</p> <p>Sales — Conditional Sales — Remedies of Vendor. Where the conditional sale of a cash register gave the vendee the option of turning in an old cash register in part payment at a certain valuation, and he refused to euner pay such sum or turn in the machine, the vendor is not limited to the recovery of the old register or its agreed valuation, but may sue to recover the register sold.</p>