United States Bobbin & Shuttle Co. v. Thissell

Citations

• 137 F. 1
• 69 C.C.A. 651
• 1904 U.S. App. LEXIS 4574

Syllabus

<p>3. Accord and Satisfaction—Acts Constituting—Acceptance of Conditional Tender.</p> <p>Where an employer sent to an employe a check for wages, and a statement showing the rate at which they were computed, which was a matter in dispute between them, and a receipt in full to a date given to be signed and returned, directing that, if the account was not found correct, the check be returned, the acceptance and cashing of the check created an accord and satisfaction of the claim, and also determined the employé’s wages for the future, in the absence of further contract, although he did not return the receipt, but assumed to hold the matter open for future consideration.</p>