Seeds Grain & Hay Co. v. Conger

Citations

• 83 Ohio St. (N.S.) 169

Syllabus

<p>Dispute over unliquidated demand — Tender by debtor of check in full payment — Must be accepted or rejected as such — Acceptance of check and rejection of terms — Silence of debtor. not waiver — Accord and satisfaction.</p> <p>1. Where there is a bona tide dispute over an unliquidated demand and the debtor tenders an amount less than the amount in dispute, upon, the express condition that it shall be in full of the disputed claim, the creditor has but one alternative; he must accept the amount tendered upon the terms of the condition, unless the condition be waived, or he must reject it entirely, or if he has received the amount by check in a letter, he must return it.</p> <p>2. Where in such case the creditor retains a check which was sent upon the condition that it shall be in full satisfaction of the debt claimed to be due, and receives the money thereon and notifies the debtor that the amount is placed to his credit, but that he does not intend that the same shall close up the matter in dispute, to which the debtor makes no reply, such silence by the debtor does not amount to a withdrawal of the condition which accompanied the tender, nor to a waiver of it. The transaction is an accord and satisfaction.</p>