Legal Opinion
Kilander v. Blickle Co.
Oregon Supreme Court
Decided November 22, 1977No. TC 419-930, SC 24590PublishedCited by 23 opinions
1Opinion of the CourtLinde, J.
Plaintiff sued for a sales commission of $10,750 claimed to be owed him over and above $4,250 previously paid by defendant. Defendant pleaded an affirmative defense of accord and satisfaction by the payment of the $4,250, this being the commission defendant considered to be due. The trial court withdrew this defense from the jury. The jury returned a verdict for the $10,750 claimed by plaintiff, judgment was entered, and defendant appeals.
The case presents the single question whether a creditor’s acceptance of a payment tendered in full satisfaction of a disputed or unliquidated claim can…
2Cases cited8 opinions
- Harding v. BellOregon Supreme Court · 1973
- Scholl v. TallmanSouth Dakota Supreme Court · 1976
- Buel v. Kansas City Life Ins. Co.New Mexico Supreme Court · 1926
- Capps v. Georgia Pacific CorporationOregon Supreme Court · 1969
- Pederson v. City of PortlandOregon Supreme Court · 1933
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Horn Waterproofing Corp. v. Bushwick Iron & Steel Co.New York Court of Appeals · 1985
- Jahn v. BurnsWyoming Supreme Court · 1979
- Flambeau Products Corp. v. Honeywell Information Systems, Inc.Wisconsin Supreme Court · 1984
- County Fire Door Corp. v. C. F. Wooding Co.Supreme Court of Connecticut · 1987
- Chancellor, Inc. v. Hamilton Appliance Co.New Jersey Superior Court Appellate Division · 1980
18 more not listed; retrieve them via the Exa API.