Legal Opinion

Olson v. Northwestern Furniture Co.

Wisconsin Supreme Court

Decided January 2, 1959PublishedCited by 4 opinions

1Opinion of the CourtFairchild, J.

A claimant’s acceptance and retention of a payment which he knows is tendered by an alleged debtor in full settlement of a disputed obligation constitutes an accord and satisfaction. Thomas v. Columbia Phonograph Co. (1911), 144 Wis. 470, 129 N. W. 522. In that case a plaintiff had accepted and retained a check. An accompanying letter and statement had identified the account and stated that the payment was in full. Plaintiff wrote a letter showing that he so understood. In Holbeck v. Southside Malleable Casting Co. (1936), 220 Wis. 399, 264 N. W. 834, the giving and acceptance of a note in…

2Cases cited4 opinions

  1. Thomas v. Columbia Phonograph Co.Wisconsin Supreme Court · 1911
  2. Lange v. Darling & Co.Wisconsin Supreme Court · 1940
  3. Holbeck v. Southside Malleable Casting Co.Wisconsin Supreme Court · 1936
  4. Johann v. Milwaukee Electric Tool Corp.Wisconsin Supreme Court · 1953

3Cited by4 opinions

  1. Chicago & North Western Transportation Co. v. Thoreson Food Products, Inc.Wisconsin Supreme Court · 1976
  2. Karp v. Coolview of Wisconsin, Inc.Wisconsin Supreme Court · 1964
  3. Nordling v. WHELCHEL MINES COMPANYIdaho Supreme Court · 1965
  4. State v. Ryan M. MuthWisconsin Supreme Court · 2020

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