Missouri & Illinois Coal Co. v. Consolidated Coal Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. O’Neill By cm, Judge. Where the correctness of an account is in dispute between two parties and the creditor agrees to accept, and does accept, and retains a sum offered by the debtor in full settlement, and executes releases in full of the account, the settlement becomes final and conclusive upon the parties. Coal Co. v. St. Louis, 145 M'o. 651; Puller y.
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Appeal from St. Louis City Circuit Court.—Hon. O’Neill By cm, Judge. Where the correctness of an account is in dispute between two parties and the creditor agrees to accept, and does accept, and retains a sum offered by the debtor in full settlement, and executes releases in full of the account, the settlement becomes final and conclusive upon the parties. Coal Co. v. St. Louis, 145 M'o. 651; Puller y. Kemp, 138 N. Y. 231, 33 N. E. 1034, 20 L. R. A. 785; Ostrander v. Scott, 161 111. 339, 43 N. E. 1089.
1Opinion of the CourtGoode, J.
This is an ordinary action in assumpsit for a balance alleged to- be due on coal sold and delivered to the defendant by plaintiff. The balance *321is claimed on account of sales during the months of December, 1904, and January, 1905, and the amount claimed is $901.32. The defense ig an accord and satisfaction alleged to have been entered'into on or about February 13, 1905. Plaintiff company had made a large number of sales to defendant during the months of September, October and November, 1904, and those deliveries had been paid for in full. The purchases were of lump coal; that is, coal which…
2Cases cited3 opinions
- Pollman & Bros. Coal & Sprinkling Co. v. City of St. LouisSupreme Court of Missouri · 1898
- Long Bros. v. J. K. Armsby Co.Missouri Court of Appeals · 1891
- Joplin Water Co. v. BatheMissouri Court of Appeals · 1890
3Cited by4 opinions
- State ex rel. Gavin v. MuenchSupreme Court of Missouri · 1910
- Hettrick Manufacturing Co. v. BarishAppellate Terms of the Supreme Court of New York · 1922
- Yamaoka v. KloeberWashington Supreme Court · 1913
- Universal Talking Machine Co. v. RosenfieldMissouri Court of Appeals · 1910