Greenwood Trust Co. v. Speiller

The facts in this case are undisputed. Some time in June, 1922, one J. T. Vandenburg, who lives in Bridgeville, Del., sold a carload of strawberries to defendant’s firm in Utica. On June ninth of that year the defendants mailed to Vandenburg a check for $840 in payment therefor. On the sixteenth of June Vandenburg called defendants on the telephone and said he had not received the check, that he was hard up, and asked them to send a duplicate. It was agreed over the telephone that a duplicate check should be sent and that payment of the first check- would be stopped by defendants, and that if…