Legal Opinion
Besco Enterprises, Inc. v. Carole, Inc.
California Court of Appeal
Decided June 16, 1969No. Civ. 25231PublishedCited by 5 opinions
1Opinion of the Court
BROWN (H. C.), J.
The sole question presented is whether the trial court erred in holding that the retention of a check by appellant, sent as payment in full, constituted an accord and satisfaction, even though appellant did not cash the check and gave prompt notice that it would not be acceptable, as full satisfaction of the obligation.
Besco Enterprises, Inc. (Besco), is a retail merchant operating jewelry sales concessions in discount houses. Carole, Inc. (Carole), a wholesaler of costume jewelry, was supplying costume jewelry to Besco prior to 1962. In September 1962, the parties ended this…
2Cases cited5 opinions
- Potter v. Pacific Coast Lumber Co.California Supreme Court · 1951
- Conde v. Dreisam Gold Mining Co.California Court of Appeal · 1906
- Western Pacific Land Co. v. WilsonCalifornia Court of Appeal · 1912
- Sheldon Builders, Inc. v. Trojan TowersCalifornia Court of Appeal · 1967
- Sharp v. ContiCalifornia Court of Appeal · 1943
3Cited by5 opinions
- Teledyne Mid-America Corporation, a Delaware Corporation v. Hoh Corporation, a Hawaii CorporationCourt of Appeals for the Ninth Circuit · 1973
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- Archer v. City of Taft, Ca. Inc.District Court, E.D. California · 2021
- Frandson v. Oasis Petroleum North America, LLCDistrict Court, D. North Dakota · 2012
- United States ex rel. Las Vegas Building Materials, Inc. v. BernadotDistrict Court, D. Nevada · 1989