Cleveland v. Toby

This action was brought to recover on a contract" of sale for berries sold and delivered by the plaintiffs to the defendant.

An arrangement was made, between the' defendant and the plaintiffs’ salesman, for the adjustment of a disputed account of prior sales made by the plaintiffs to the defendant. The settlement was subject, however, to the approval of the plaintiffs, on receipt of the defendant’s check for thirty-six dollars, the amount of said adjustment. Defendant’s letter accompanied said check making its acceptance, by the plaintiffs, a condition of said adjustment. The plaintiffs…