Accord and Satisfaction in Washington [Part 2]

Shepherd, Harold & Shattuck, Warren

Journal: Washington Law Review

Volume: 8

First Page: 165

Year: 1934

Bluebook Citation: 8 WASH. L. REV. 165 (1934)

Author: Harold Shepherd: all 12 publications


Abstract

In Plymouth, Rubber. Co. v. West Coast Rubber Co. the creditor was suing for an alleged balance due. The debtor's defense was based on his check, accepted and cashed by the creditor, for part of the account, plus tender of merchandise for the balance. The check was sent with a letter stating in effect that the debtor was unable to dispose of all the goods, purchase of which gave rise to the obligation in question, because the creditor had flooded the local market with inferior goods sold at a lesser price.

"We are, therefore, compelled to return these Toesans for credit and ask that you kindly render us credit for whatever we return."

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