Boosin v. Bird Dress Co.

The action was brought to recover a balance alleged to be due for goods sold and delivered. There was a dispute between the parties as to the discount defendant was entitled to on its purchase.

On November 12, 1921, defendant gave plaintiffs one check for $500, marked in ink “A/c.” and another check for $851.87, marked on left-hand side of check “ In full settlement of account as shown below. If incorrect please return at once. No receipt necessary.” In the items that followed was included as a credit item the $500 paid by previous check of the same date. Plaintiffs retained and cashed these…