Stone v. Streil

Plaintiff, a commission salesman, entered into an oral agreement with defendant in July, 1922, to sell his products on a commission of 5 per cent. He secured a considerable number of orders, which were filled by defendant. On April 7, 1923, a controversy arose concerning the sales, and a settlement was arrived at. Defendant delivered to plaintiff his check for $50, on which he had written “full settlement to Apr. 1st on shipments made,” and also his notes, one for $65, payable in 60 days, and one for $80, payable in 30 days. The plaintiff cashed the check and discounted the notes. Payment not…