Neubacher v. Perry
Indiana Court of Appeals
Prom Marion Circuit Court (18,894) ; Charles Remster, Judge. Action by Ballard V. Perry and another against Gustave A. Neubacher. Prom a judgment for plaintiffs, the defendant appeals.
1Opinion of the CourtIbach, J.
But one question is presented in this appeal, that is, Were there such unliquidated demands or disputed claims existing between appellant and appellees at the time appellant tendered appellees a check in full satisfaction, that their retention of this cheek constituted an accord and satisfaction or compromise of the claim sued on in this action?
1. Neubacher leased an engine from Perry & Bock. The contract was prepared by the latter in the form of a proposition by letter, which Neubacher signed. By it the lessee was to pay the lessors $75 per month for the engine during the time he kept it. He…
2Cases cited7 opinions
- Pollman & Bros. Coal & Sprinkling Co. v. City of St. LouisSupreme Court of Missouri · 1898
- Mount v. Board of CommissionersIndiana Supreme Court · 1907
- Jackson v. VolkeningAppellate Division of the Supreme Court of the State of New York · 1903
- Hodges v. TruaxIndiana Court of Appeals · 1898
- Meyer v. GreenIndiana Court of Appeals · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Frazier v. RayNew Mexico Supreme Court · 1923
- Gearhart v. BakerIndiana Court of Appeals · 1979
- Nardine v. Kraft Cheese CompanyIndiana Court of Appeals · 1944
- Neher v. KerrIndiana Court of Appeals · 1919