Cosmo Dress, Inc. v. Perlstein Co., Inc.

Opinion by

Baldrige, J.,

Plaintiff, a dress manufacturer, made five shipments of dresses to the defendant between September 1st and October 22, 1936. On October 28th, defendant attempted to return thirty-one dresses, having a total value of $116.25. Plaintiff refused to accept the return shipment as a credit, and so notified the defendant.

On November 9, 1936, defendant mailed a check for $311.45 to the plaintiff as the amount due after deducting $116.25, which had the following notation on its face:' “By endorsement this check is accepted in full payment of the following account......”…