52 Pa. Super. 98 | Pa. Super. Ct. | 1912
Opinion by
This action of assumpsit was brought to recover a balance due on a contract for printing 50,000 copies of a catalogue, or booklet according to certain specifications.
The letter and check were received and the amount, $24.91, credited to the account, leaving a balance of $354.35, which was claimed to be still owing from the defendant on this contract.
Another cause of action related to the printing of 100,000 copies of another booklet aggregated $1,531.95, on account of which the defendant paid $1,149.73, leaving the sum of $382.22 due and owing, and in regard to which there was no controversy.
The defendant contended on the trial below, and in this court, that, there being a dispute in regard to the amount due on the first booklet, that the check for $24.91 had been tendered in full settlement and retained, there could be no recovery for a balance on that job, and submitted a point as follows: “The defendant having paid the plaintiff $24.91, stating that it was in full for amount due on the 50,000 catalogue job; as the plaintiff accepted this check with that condition attached, there can be no recovery for any balance on this job,” which the court declined; and refused to decide as a matter of law that there had been an accord and satisfaction under the circumstances of the case, but submitted the question to the
The judgment is affirmed.