Hettrick Manufacturing Co. v. Barish

This appeal raises solely the question of law whether a valid accord and satisfaction has been established by the defendant under the following circumstances:

*674Plaintiff sued to recover $380.59, balance of the original purchase price of merchandise sold and delivered to defendant. Defendant, claiming that the goods had been sold with a warranty that they would originate at mills in a certain section whereas they had been manufactured elsewhere, claimed to be entitled, under a contract of resale, to an offset for profits lost by reason of this disparity. These facts appear in a correspondence…