Paul v. Kohler & Chase

Citations

• 82 Wash. 257
• 144 P. 64
• 1914 Wash. LEXIS 1515

Syllabus

<p>Accord and Satisfaction — Receipt on Account — “Without Prejudice” — Evidence—Sufficiency. Where $500, offered as a payment in full of a disputed account, was refused, there is no accord and satisfaction by payment of the sum and passing a receipt for the amount, “on act.” which the debtor refused to accept until “without prejudice” had been added; the reasonable construction being that the debtor reserved the right to contest the creditor’s claim that payment was on account only; especially where the debtor’s subsequent letters indicated that the controversy was still unsettled.</p> <p>Limitation of Actions — Accrual of Obligation — Starting of Limitation. Under a contract to hold certain of plaintiff’s pianos on sale, and pay for them when sold, the cause of action does not accrue and the statute of limitations does not begin to run until the pianos were sold.</p> <p>Same — Presumption—Pleading and Proof. The courts will not indulge in any presumptions in favor of the statute of limitations, and the bar must be clearly pleaded and proven by the preponderance of the evidence.</p> <p>Sales — Contracts—Terms—Construction. Where an option was given and accepted to take a certain stock of pianos at list prices and pay for them as sold, a subsequent agreement to take another stock on the same terms is controlled by the former agreement as originally made and not as subsequently modified by a sale in a lump sum, with discount.</p>