Coos Bay Lumber Co. v. Collier
Court of Appeals for the Ninth Circuit
1DissentHaney, Circuit Judge
The facts concerning the law action are stated correctly,'so far as they go. It can be seen from the statement that the issue raised by the affirmative defenses and the reply in that action was whether an accord and satisfaction had been made. No issue of mistake in reaching the accord was made by these pleadings. There is nothing in the record to show that such issue of mistake arose in the evidence. The point actually decided is shown by the trial court’s opinion that by “accepting and cashing a check, the minds of the parties met, and the contract of accord and satisfaction was complete”.…
2Cases cited26 opinions
- Ruhlin v. New York Life InsuranceSupreme Court of the United States · 1938
- Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
- Phillips & Colby Construction Co. v. SeymourSupreme Court of the United States · 1876
- Moffett, Hodgkins & Clarke Co. v. RochesterSupreme Court of the United States · 1900
- Hearne v. Marine InsuranceSupreme Court of the United States · 1874
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