Summary
In Galeener v. Hessel, 311 Ill. App. 654, 37 N.E.2d 573 (Abst), the court said: "The suit was started in 1936 during the lifetime of Hessel, and the complaint as filed consisted of three counts.
Summary of this case from Chiagouris v. JovanOpinion
Gen. No. 9,288. (Abstract of Decision.)
Opinion filed November 3, 1941
1. ACCORD AND SATISFACTION, § 1 — acceptance of payment as constituting. Where there is a bona fide dispute as to how much is due and the amount is unliquidated, payment of the amount claimed by debtor to be due in full Settlement, if accepted by creditor, is satisfaction of claim; but where amount due is ascertained and not in dispute, payment by debtor and acceptance by creditor of less sum will not operate as satisfaction.
See Callaghan's Illinois Digest, same topic and section number.
2. MASTER AND SERVANT, § 60fn_ — verdict for defendant on question of past-due wages not justified. In action to recover for services rendered deceased, where it appeared that employment covered six years, that during first year and a half servant had been paid $143.50 per month, that during first year work was done under written contract, that upon its expiration servant claimed his employer orally agreed to continue under its terms, but that he was only paid between $6.25 and $15 per week during the remainder of his service, verdict for defendant held against manifest weight of evidence, and as record showed plaintiff to be entitled to a verdict in some amount, it was error for trial court to deny motion for new trial.
3. ACCORD AND SATISFACTION, § 3fn_ — cashing check purporting to be "in full," where amount owed not disputed. Cashing by employee of checks bearing notation "in full of all demands to date" did not constitute accord and satisfaction of claim for balance owed for past and present services, as amount thereof was ascertained and liquidated, and there was no dispute as to amount due, nor was there a compromise.
Appeal from the Circuit Court of Champaign county; Hon. BEN F. ANDERSON, presiding.
Reversed and remanded with directions. Heard in this court at January term, 1941.
Little Finfrock, for appellant; C.E. Tate, for appellees.
"Not to be published in full." Opinion filed November 3, 1941.