E. I. Du Pont De Nemours & Co. v. Valley Supply Co.

Hatcher, Judge:

Defendant mailed plaintiff a voucher check of $500.00, inscribed “in full settlement of the within account.” The account therein showed a balance of $900.00 due plaintiff, against which was credited the $500.00 check and an item of $400.00 claimed by defendant as anticipated profit upon an order it had sent plaintiff, but which the latter had not accepted. Plaintiff at once repudiated the $400.00 item, and at first refused the check. In the words of defendant’s witness, the check “was shuttled backward and forward several times.” Finally, plaintiff cashed it, credited…