Potter v. Douglass
Supreme Court of Connecticut
Assumpsit for work done; brought to the Court of Common Pleas in Hartford County. The following facts were found by a committee. The plaintiff in May, 1873, moved a building for the defendant, with no agreement as to the price to be paid him, but his services were worth 1325. The defendant had an account against the plaintiff of $156.86 for certain ferriages of the plaintiff and his teams and men.
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Assumpsit for work done; brought to the Court of Common Pleas in Hartford County. The following facts were found by a committee. The plaintiff in May, 1873, moved a building for the defendant, with no agreement as to the price to be paid him, but his services were worth 1325. The defendant had an account against the plaintiff of $156.86 for certain ferriages of the plaintiff and his teams and men. In addition to this the defendant paid him $100 on account, prior to December 11th, 1874, and on that day paid him $45 more, under the following circumstances. The plaintiff and defendant met at the…
1Opinion of the CourtPark, C. J.
There is a material difference between receiving money duly tendered, and receiving it when offered in full of an unliquidated claim. In the one case there is no condition attending the tender, and in the other there is a condition, which the party receiving the money must comply with, or he has no right to receive it. In the one case the party receiving the money may sue for more, if more is due *545him, but in the other case, the offer being in full of the claim if the money is received, the law regards it as in full, and the party cannot recover more, even if more is due him'. In the one case…
2Cited by27 opinions
- Tanner v. MerrillMichigan Supreme Court · 1895
- McCormick v. City of St. LouisSupreme Court of Missouri · 1901
- Whittaker Chain Tread Co. v. Standard Auto Supply Co.Massachusetts Supreme Judicial Court · 1913
- Pollman & Bros. Coal & Sprinkling Co. v. City of St. LouisSupreme Court of Missouri · 1898
- Hanley Co., Inc. v. American Cement Co.Supreme Court of Connecticut · 1928
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