Crucible Steel Co. of America v. Premier Manufacturing Co.
Supreme Court of Connecticut
Action to recover an alleged balance for merchandise sold, brought to and tried by the Court of Common Pleas in Fairfield County, Walsh, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff. Prior to June 18th, 1918, plaintiff sold and delivered to defendant five separate invoices of goods at agreed prices as follows: $399.42, $138.38, $73.80, $105.68, $64.14. There was no dispute concerning the first three of these items.
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Action to recover an alleged balance for merchandise sold, brought to and tried by the Court of Common Pleas in Fairfield County, Walsh, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff. Prior to June 18th, 1918, plaintiff sold and delivered to defendant five separate invoices of goods at agreed prices as follows: $399.42, $138.38, $73.80, $105.68, $64.14. There was no dispute concerning the first three of these items. The other two were in dispute because the defendant claimed that they had been shipped from Pittsburgh instead of from New Haven, as…
1Opinion of the CourtBeach, J.
We find it unnecessary to consider the claims for correction of the finding, because the question whether the judgment for the defendant on the issue of accord and satisfaction can be supported, turns wholly on the construction to be put upon the writing on the back of the check dated June 18th.
The defense of accord and satisfaction requires the defendant to allege and prove a new contract based upon a new consideration. “There must be a new agreement with a new consideration.” Goodrich v. Stanley, 24 Conn. 613, 621. There must be a meeting of the minds. The new consideration must be offered…
2Cases cited4 opinions
- Preston v. GrantSupreme Court of Vermont · 1861
- Goodrich v. StanleySupreme Court of Connecticut · 1856
- Fuller v. SmithSupreme Judicial Court of Maine · 1910
- Girard Fire & Marine Insurance v. CananSupreme Court of Pennsylvania · 1900
3Cited by26 opinions
- Jenkins v. Henry C. Beck CompanyTexas Supreme Court · 1969
- Herbert S. Newman & Partners, P.C. v. CFC Construction Ltd. PartnershipSupreme Court of Connecticut · 1996
- Lamb v. Emhart Corp.Court of Appeals for the Second Circuit · 1995
- Gillis v. GillisConnecticut Appellate Court · 1990
- Eisenbeck v. ButtgenCourt of Appeals of Texas · 1970
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