Wedmore v. McInnes

Citations

• 69 Pa. Super. 220
• 1918 Pa. Super. LEXIS 361

Syllabus

<p>Contract — Breach—Sale for cash — Tender of bad check.</p> <p>Where in a cash sale the purchaser tenders a check which is not good the seller may, upon ascertaining the badness of the check, refuse to make the sale.</p> <p>In the absence of any special agreement to the contrary, the mere acceptance by a creditor from . debtor of a check is not an absolute, but a conditional payment defeasible on the nonpayment of the check. To nuke the check an .absolute payment there must be an express agreement to receive it as such, and the burden of proof is on him who asserts such contract.</p>