Stewart & Alexander Lumber Co. v. Weaver
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; 'Alexander M. Duiñe, Judge; When appellee accepted the amount tendered to him in full satisfaction of the account and signed a receipt therefor, he is bound by that act, notwithstanding he may have expressed dissatisfaction and threatened to bring suit.
Read the full summary
Appeal from Hot Spring Circuit Court; 'Alexander M. Duiñe, Judge; When appellee accepted the amount tendered to him in full satisfaction of the account and signed a receipt therefor, he is bound by that act, notwithstanding he may have expressed dissatisfaction and threatened to bring suit. It is not the intention ■of the party accepting the tender which controls, but the condition attached to the offer which be accepts by the fact of his receipt. 3 Coke’s Rep. 238; 148 N. Y. 331; 47 Neb. 884; 45 N. Y. Supp. 961; 145 Mo. 651772 Mo. App. 403; 137 Red.. 1; Beach on Contracts, § 434 et seq.; 43…
1Opinion of the CourtHiel, C. J.
L. D. Weaver, an employee of the Stewart & Alexander Lumber Company, a corporation, was discharged on the nth day of May, 1906. The paymaster of the Lumber Company made out his account, and found that there was due him for wages the sum of $10.13, and deducted therefrom $1.12 for medical attendance and insurance. A controversy arose between Weaver and the paymaster as to whether he should be charged for medical attendance and insurance for the full month, as he was discharged on the nth. The paymaster contended that he had a right to take it out for the full month, and Weaver contended that…
2Cases cited1 opinion
- Wisconsin & Arkansas Lumber Co. v. ReavesSupreme Court of Arkansas · 1907
3Cited by2 opinions
- McLaurin v. Frisella Moving and Storage CompanyMissouri Court of Appeals · 1962
- Missouri Pacific Railroad v. WarrenSupreme Court of Arkansas · 1924