Lang v. Lane
Appellate Court of Illinois
Assumpsit.—Trial in the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Finding and judgment for plaintiffs; appeal by defendants. Statement of Facts.—This case was heard by the Circuit Court without a' jury, upon agreed facts, and the testimony of two witnesses for appellees and one for appellants.
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Assumpsit.—Trial in the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Finding and judgment for plaintiffs; appeal by defendants. Statement of Facts.—This case was heard by the Circuit Court without a' jury, upon agreed facts, and the testimony of two witnesses for appellees and one for appellants. Appellants were copartners doing a mercantile business in Chicago, and appellees were copartners doing a like business in JNTew York, and had dealings together, in the course of which appellees sent to appellants a statement of account, showing an indebtedness from…
1Opinion of the CourtJustice Shepard
The question is, was there an accord and satisfaction, as a conclusion of law, from the facts in evidence ?
“To constitute an accord and satisfaction (of a claim, unliquidated and in dispute)', it is necessary that the money should be offered in satisfaction of the claim, and the offer accompanied with such acts and declarations as amount to a condition that if the money is accepted it is accepted in satisfaction, and that such party to whom it is offered is bound to understand therefrom that if he takes it, he takes it subject to such condition. When a tender or offer is thus made, the -party…
2Cases cited3 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Ostrander v. ScottIllinois Supreme Court · 1896
- Preston v. GrantSupreme Court of Vermont · 1861
3Cited by7 opinions
- American Forwarding & Mercantile Co. v. Lindsay Chair Co.Appellate Court of Illinois · 1906
- Rose v. American Paper Co.Supreme Court of New Jersey · 1912
- Peterson v. Hartford Accident & Indemnity Co.New Jersey Superior Court Appellate Division · 1954
- Kingsville Preserving Co. v. FrankAppellate Court of Illinois · 1900
- Reid v. McMillanIllinois Supreme Court · 1901
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