D. N. Lightfoot & Son v. Edward Hurd & Co.
Missouri Court of Appeals
A.ppcal from Polk Circuit Court. — Eon. Argus Cow, Judge. (1) The tender and acceptance of less than the amount of disputed claim in settlement of the entire claim is binding, and operates as a satisfaction of the claim. Maack y. Schneider, 51 Mo. App. 92; Dentman v. Kilpatrick, 46 Mo. App. 624; Lindersmith y. Land Co., 31 Mo. App. 258; Worden v. Houston, 92 Mo. App. 371; Coal Co. y.
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A.ppcal from Polk Circuit Court. — Eon. Argus Cow, Judge. (1) The tender and acceptance of less than the amount of disputed claim in settlement of the entire claim is binding, and operates as a satisfaction of the claim. Maack y. Schneider, 51 Mo. App. 92; Dentman v. Kilpatrick, 46 Mo. App. 624; Lindersmith y. Land Co., 31 Mo. App. 258; Worden v. Houston, 92 Mo. App. 371; Coal Co. y. St Louis, 145 Mo. 651. (2) One can not accept a tender of money and at the same time prescribe the terms of acceptance, but if he accepts he does so on the terms tendered. School Board v. Hull, 72 Mo. App. 403;…
1Opinion of the CourtBroaddus, P. J.
— The plaintiffs are. produce dealers engaged in buying and selling eggs at Humans-ville, Missouri; defendant Edward Hurd is a commission merchant doing business at Chicago, Illinois, under the style of Edward Hurd & Co. The evidence was that an agent of defendant named Smith, who traveled and solicited business for defendant, bought in February, 1902, a quantity of eggs from plaintiff at twenty-seven cents per dozen, or $8.10 per case. Plaintiff’s evidence went to show that this agent bought all the eggs that plaintiffs would ship to defendant on Sunday — the following day. With this…
2Cases cited6 opinions
- Pollman & Bros. Coal & Sprinkling Co. v. City of St. LouisSupreme Court of Missouri · 1898
- Goodson v. National Masonic Accident Ass'nMissouri Court of Appeals · 1902
- St. Joseph School Board ex rel. Donovon v. HullMissouri Court of Appeals · 1897
- Deutmann v. KilpatrickMissouri Court of Appeals · 1891
- Towslee v. HealeySupreme Court of Vermont · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Vilter Mfg. Co. v. RolaffCourt of Appeals for the Eighth Circuit · 1940
- Halloway v. Mountain Grove Creamery Co.Supreme Court of Missouri · 1921
- Brent v. WestermanDistrict Court, W.D. Missouri · 1954
- Ellis v. MansfieldMissouri Court of Appeals · 1923
- Bartley v. Pictorial Review Co.Missouri Court of Appeals · 1915
6 more not listed; retrieve them via the Exa API.