KIBLER v. FRANK L. GARRETT & SONS, INC. 73 Wash. 2d 523 (1968) CASE BRIEF

KIBLER V. FRANK L. GARRETT & SONS, INC.

73 Wash. 2d 523 (1968)

NATURE OF THE CASE: This was a breach of contract action for damages. Kibler (P) sought review of a decision, which dismissed P's action to recover for the amount Garrett (D) owed P and held that an accord and satisfaction occurred when P cashed D's check for less than the amount claimed to be owed.

FACTS: Kibler (P) and Garrett (D) agreed that P would receive a minimum of 18 cents per bushel for each bushel of wheat he harvested for D. P harvested the wheat and then charged D 20 cents per bushel ($876.20). D sent P a check for $444 with fine print which stated that the check was for payment in full. P cashed the check without seeing the fine print or realizing that the check was for payment in full. P then sued D for breach of contract; inadequate notice of the proposed accord. D alleged that P's cashing of the check represented an accord and satisfaction. The trial court dismissed the action. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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