Bashaw Brothers Co. v. City Market Co.

Defendant appealed from an order denying its motion for a new trial.

Defendant operated a meat market with a grocery department. It bought merchandise from plaintiff for which plaintiff sued to recover an alleged balance of $348.10.

The defense was an accord and satisfaction resulting from the use of a check for $136.82 giren to plaintiff by defendant with the words “in full up to date” written on the face thereof. In addition to such defense, defendant claimed several credits which were listed on a statement accompanying the remittance of the check on March 13, 1931. Defendant claimed…