Pike v. Buzzell

Walker,, J.

As the case is understood, 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 to be in full settlement of the account. This transaction is undoubtedly strong evidence that the minds of the parties met upon the proposition of a settlement; but if for some sufficient reason the plaintiff did not in fact assent to the defendant’s proposition, his application of the money on account did not…