Russell & Co. v. Stevenson

Citations

• 34 Wash. 166
• 75 P. 627
• 1904 Wash. LEXIS 329

Syllabus

<p>Compromise — Consideration—-Payment in Cash op Sum Less Than Total — Whole Debt not Due. There is sufficient consideration for the settlement of notes by a cash payment of a less sum than the total, where part of the debt was not due and the settlement was acted upon.</p> <p>Principal and Agent — Compromise—Authority op Agent. Where a collector was authorized to use his own judgment in making a settlement of an account, he had power to compromise it by accepting less than the total due.</p> <p>Compromise — Mutual Mistake — Evidence—-Suppicienc'y. In an action to collect a balance due on notes, in which the defense is a settlement of the account by an agent of the plaintiff, a mutual mistake in the settlement entitling plaintiff to recover the amount of the mistake is shown, where it appears that the agent who was authorized to collect the account had an itemized statement, showing partial payments and credits, among which was a credit on one note of $285.35 and upon another of $214.65, being one payment of $500, and which was not credited on the date of payment, that the defendant claimed a payment of $500 not shown by the statement, and produced a receipt therefor, and that neither of the parties recognized the aforesaid credits as sucb payment, and tbe agent allowed tbe claim for $500, and settled the balance due, and on discovering tbe mistake, offered to return tbe money paid and gave notice that tbe settlement was rescinded.</p> <p>Same — Mistake as to One Item — When Does Not Avoid Settlement. In sucb a case it is error to find that tbe mistake was due entirely to tbe negligence of plaintiff’s agent, and it appearing that it did not affect tbe settlement of tbe other items of tbe account, tbe court should have found a mutual mistake that did not avoid tbe settlement, or entitle tbe plaintiff to rescind tbe same.</p> <p>Compromise — Mutual Mistake not Avoiding the Settlement — Action to Foreclose Chattel Mortgages — Jurisdiction to Grant Relief from Mutual M