Neely v. Thompson

Citations

• 68 Kan. 193
• 75 P. 117
• 1904 Kan. LEXIS 86

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Accord and Satisfaction — A cceptance of Tender Held Payment in Full. Where a sum of money is tendered in satisfaction of a claim, the amount of which is in dispute, and the tender is accompanied with such acts and declarations as amount to a condition that if the money be accepted it will be accepted in satisfaction, and such that the person to whom it is offered is bound to understand therefrom that if he takes it he takes it subject to such condition, an acceptance of the money offered constitutes an accord and satisfaction: This is true although the debtor admits that the amount tendered is unconditionally and immediately due the creditor, and although the creditor protests at the time that the amount paid is not all that is due, or that he does not accept it in full satisfaction of the claim.</p> <p>2. -Letter of Remittance Construed — Acceptance of Cheek Held Payment. The amount of a claim being in dispute, the debtor mailed the creditor a statement of the account and a check, together with a letter in which he said that the check was in full satisfaction of the balance due on the account, adding: “Look it (the statement) over, and if there is any item you do not understand, if you will come to Leavenworth we will go through the original statements and I will explain it to you.” Held, that the debtor was bound to understand that if he accepted the check he took it subject to the condition that it should be in full settlement of his demand.</p>