Bernstein v. Fuerth

This is an action to recover the purchase price of certain muskrat skins sold and delivered by plaintiffs to the defendant for the agreed price of $345.

The defendant admits the sale, delivery and amount of the purchase price and sets up the defenses of payment and accord and satisfaction.

The agreed facts are as follows

The merchandise in question was sold on December 2, 1926, and on the same day the defendant handed to one Eugene J. Bernstein, one of the plaintiffs herein, his check in the amount of $345, the agreed price of said merchandise. It is conceded that for the purposes of this action…