Andrews v. W. R. Stubbs Contracting Co.
Missouri Court of Appeals
Appeal from. Jackson Circuit Court . — Hon. J. H. Plover, Judge. (1) The receipt and cashing of the' check for six thousand seven hundred and twenty-eight and ten-hundredths ($6,728.10) dollars by plaintiff .was not an accord and satisfaction of the entire debt and does not preclude a recovery in this case. Freiermuth v. McKee, 86 Mo. App. 64; Reinhold v. Kerrigan, 85 Mo. A.pp. 256; School Board ex rel. v. Hull, 72 Mo. App. 403; Dalrymple v. Craig, 70 Mo.
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Appeal from. Jackson Circuit Court . — Hon. J. H. Plover, Judge. (1) The receipt and cashing of the' check for six thousand seven hundred and twenty-eight and ten-hundredths ($6,728.10) dollars by plaintiff .was not an accord and satisfaction of the entire debt and does not preclude a recovery in this case. Freiermuth v. McKee, 86 Mo. App. 64; Reinhold v. Kerrigan, 85 Mo. A.pp. 256; School Board ex rel. v. Hull, 72 Mo. App. 403; Dalrymple v. Craig, 70 Mo. App. 149; Wetmore v. Crouch, 150 Mo. 671; Dalrymple v. Craig, 149 Mo. 345. ■ (2) In support of our position we cite the following…
1Opinion of the CourtEllison, J.
This is an action on an account for oats sold by the plaintiff to the defendant. At the close of plaintiff’s case the trial court sustained a demurrer' *601to the evidence, and judgment was rendered for defendant.
It appears that defendant bought of plaintiff, delivered at different times, a number of ear loads of oats. The price of oats advanced fifteen cents per bushel and defendant asserted that thereafter plaintiff delivered seven car loads which were short the number of bushels they should have contained. Plaintiff sent to defendant a statement of his account showing balance due of $7,360.80.…
2Cases cited2 opinions
- Pollman & Bros. Coal & Sprinkling Co. v. City of St. LouisSupreme Court of Missouri · 1898
- St. Joseph School Board ex rel. Donovon v. HullMissouri Court of Appeals · 1897
3Cited by8 opinions
- Frazier v. RayNew Mexico Supreme Court · 1923
- Bahrenburg v. Conrad Schopp Fruit Co.Missouri Court of Appeals · 1907
- Cornelius v. RosenMissouri Court of Appeals · 1905
- Publishers, George Knapp & Co. v. Pepsin Syrup Co.Missouri Court of Appeals · 1909
- Canton Union Coal Co. v. Parlin & Orendorff Co.Appellate Court of Illinois · 1905
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