American Tie & Timber Co. v. Tyler

1. It does not affirmatively appear from tlie record that the entire amount claimed in this suit was in dispute at, the time the defendant tendered a check for a less amount; and whether the demand sued upon was included in the settlement effected by the tender and acceptance of this check was a question for determination by the jury. The court fairly submitted the issue on the accord and satisfaction set up by way of defense.

2. The court erred in rejecting the documentary evidence referred to in the first eleven grounds of the amendment to the motion for a new trial. The plaintiff having…