Pike v. Buzzell
Supreme Court of New Hampshire
Assumpsit, to recover the balance due on five carloads of box boards. Plea, accord and satisfaction. Trial-by jury and verdict for the plaintiff. Transferred from the November term, 1910, of the superior court by Wallace, C. J., on the defendant’s exceptions to the denial of a motion for a nonsuit and to the admission of evidence.
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Assumpsit, to recover the balance due on five carloads of box boards. Plea, accord and satisfaction. Trial-by jury and verdict for the plaintiff. Transferred from the November term, 1910, of the superior court by Wallace, C. J., on the defendant’s exceptions to the denial of a motion for a nonsuit and to the admission of evidence. The plaintiff sold the defendant box boards to be delivered as ordered, but reserve'd the right to abandon the contract at any time if the measure was unsatisfactory. The plaintiff began to complain of unfair treatment almost as soon as the first shipment was made…
1Opinion of the CourtYoung, J.
It was said when this case was here before (Pike v. Buzzell, 75 N. H. 486) that “the question presented is whether the plaintiff’s receipt of the defendant’s check and the collection of the money thereon necessarily amounted to an assent on his part to the defendant’s proposition that the money thus received should be deemed in full settlement of the account,” and that whether or not he assented was a question of fact. Therefore, the question raised by the first exception is whether there is any evidence tending to prove that the plaintiff did not assent to the defendant’s claim for damages.…
2Cases cited1 opinion
- Pike v. BuzzellSupreme Court of New Hampshire · 1910
3Cited by2 opinions
- Post Road Realty, Inc. v. Zee-Bar, Inc.Supreme Court of New Hampshire · 1977
- St. Pierre v. Peerless Casualty Co.Supreme Court of New Hampshire · 1914