West Point Cotton Mills v. Blythe

Citations

• 29 Pa. Super. 642
• 1905 Pa. Super. LEXIS 398

Syllabus

<p>Debtor and creditor — Payment—Check—Setr-off—Account—Accord and satisfaction.</p> <p>Where a debtor sends to his creditor a check which is for a less amount than the creditor’s claim by the amount of a set-off shown by a statement of account accompanying the check, but no notice is given the creditor that th? acceptance of the check would amount to a payment in full of the debt, or that it would be treated as a satisfaction of all demands, the use of the check is not an accord and satisfaction of the debt.</p> <p>Contract — Sale—Breach of contract — Evidence—Acceptance.</p> <p>In an action to recover a balance alleged to be due for goods sold and delivered, it appeared that the plaintiff authorized the defendant by telegraph to sell yarn at twenty-two cents. Two days afterwards the defendant advised the plaintiff, by letter, that he had sold at twenty-one and three quarter cents, “which we trust will be satisfactory. You gave us twenty-two cents as stated as the price for the yam, we could not get it, as we have explained. We are sending order to you at a quarter of a cent more than we obtained and we hope as stated that it will be satisfactory. We shall leave it, however, in your hands.” The plaintiff declined to deliver the yarn at the lower price and the defendant was obliged to supply his customer from another source at a higher price. Defendant claimed to set off this loss against plaintiff’s claim. Held, that the letter left the order and not the price in the plaintiff’s hands, and the plaintiff was not bound to recognize the qualified acceptance of the defendant, nor liable in damages for refusing to do so.</p>