Schumacher v. Moffitt
Oregon Supreme Court
From Sherman: David R. Parker, Judge. In Banc. Statement by Mr. Chief Justice McBride. This is an action by F. C. Schumacher against N. E. Moffitt, to recover a balance due for labor performed. Upon the trial the plaintiff testified on his own behalf, and no testimony was 'introduced on behalf of defendant. Among other matters plaintiff testified that in December, 1912, he and the defendant had a settlement.
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From Sherman: David R. Parker, Judge. In Banc. Statement by Mr. Chief Justice McBride. This is an action by F. C. Schumacher against N. E. Moffitt, to recover a balance due for labor performed. Upon the trial the plaintiff testified on his own behalf, and no testimony was 'introduced on behalf of defendant. Among other matters plaintiff testified that in December, 1912, he and the defendant had a settlement. The whole of his testimony in respect to the alleged settlement is as follows: “Q. Now, do you remember what the result was after you got together with these figures? “A. Why, we got our…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. It is contended by the defendant that the plaintiff, by accepting and cashing the check for $75 with the words “In full settlement of account to date” written upon it, is estopped from claiming that there has not been a full accord and satisfaction of his claim. Where a claim is unliquidated, this is undoubtedly the law: See Andrews v. Haller Wall Paper Co., 32 App. D. C. 392, as reported in 16 Ann. Cas., p. 192, the notes to which case cover nearly every phase of this subject; also Fuller v. Kemp, 138 N. Y. 231 (33 N. E. 1031, 20 L. R. A. 785), and…
2Cases cited2 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Goodwine v. EvansIndiana Supreme Court · 1893
3Cited by9 opinions
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- Brady v. SelbergOregon Supreme Court · 1936
- W. D. Miller Construction Co. v. Donald M. Drake Co.Oregon Supreme Court · 1960
- Coover v. G & J Electric, Inc.Oregon Supreme Court · 1979
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