{
  "id": 2972093,
  "name": "J. L. Obermeyer, Plaintiff in Error, v. Wisconsin Dairy Farms Company, Defendant in Error",
  "name_abbreviation": "Obermeyer v. Wisconsin Dairy Farms Co.",
  "decision_date": "1916-06-19",
  "docket_number": "Gen. No. 22,252",
  "first_page": "568",
  "last_page": "571",
  "citations": [
    {
      "type": "official",
      "cite": "199 Ill. App. 568"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "75 Ill. 496",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2701419
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/75/0496-01"
      ]
    },
    {
      "cite": "220 Ill. 109",
      "category": "reporters:state",
      "reporter": "Ill.",
      "opinion_index": 0
    },
    {
      "cite": "224 Ill. 606",
      "category": "reporters:state",
      "reporter": "Ill.",
      "opinion_index": 0
    }
  ],
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    "simhash": "1:2e72c021538249ad",
    "word_count": 846
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  "last_updated": "2023-07-14T15:51:30.955611+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "J. L. Obermeyer, Plaintiff in Error, v. Wisconsin Dairy Farms Company, Defendant in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice McSurely\ndelivered the opinion of the court.\nPlaintiff, a butter manufacturer of Jackson, Minnesota, brought suit for a balance claimed to be due on a shipment of seventy-two tubs of butter which he had made to defendant, a corporation, acting as commission merchants in Chicago. Defendant claimed accord and satisfaction, and the trial court being of the opinion that this defense was proved entered judgment for the defendant. In so holding we are of the opinion that the trial court was in error.\nThe transaction between the parties, which is claimed to amount to accord and satisfaction, is this: In response to a request defendant forwarded to plaintiff what purported to be a \u2018 \u2018 statement of settlement, \u2019 \u2019 which gave in columns the shipments, sales, advances for freight carriage, and expenses, showing a balance due plaintiff of $369.19. At the bottom of the statement was appended this: \u201cWe hand you check in payment of the above account. Trust that the settlement is in accordance with your figures and to your entire satisfaction.\u201d The check inclosed was received by plaintiff and paid through the bank upon which it was drawn. Upon the check plaintiff made this indorsement: \u201cThis check accepted as part payment of this account.\u201d At the same time he wrote to defendant disputing the accuracy of the statement and demanding the full amount which he claimed was due to him..\nIt has been held many times that to constitute an accord and satisfaction there must be an honest dispute between the parties, a tender with the explicit understanding of both parties that it was in full payment of all demands, and an acceptance by the creditor with the understanding that the tender is accepted in full payment. Farmers & Mechanics Life Ass\u2019n v. Caine, 224 Ill. 606; Snow v. Griesheimer, 220 Ill. 109; Western Union R. Co. v. Smith, 75 Ill. 496. In this latter case the court said of circumstances like those in the present case that the acceptance of the money offered should not operate as an estoppel upon the plaintiff and thus preclude him from suing for and recovering any balance that might be shown to be due him.\nThere was no suggestion in the instant case that the acceptance of the check would be considered a settlement in full.\u2019 The language, \u201ctrust that the settlement is in accordance with your figures,\u201d would indicate that plaintiff was at liberty to modify or disagree with the statement if from his own records he was of the opinion that it was not correct. Therewas nothing-said which could be construed as binding plaintiff to the correctness of this statement if he should accept the check. \u2022\nThere being no accord and satisfaction, plaintiff was entitled to produce evidence in support of his claim.\nPlaintiff\u2019s counsel suggests that under the rules of the Municipal Court he is entitled to judgment hero for the amount of his claim; but no rules of the Municipal Court appear in the record, and we cannot take judicial notice of them.\nPlaintiff is entitled to another trial upon the merits. The judgment is reversed and the cause remanded.\nReversed and remanded.",
        "type": "majority",
        "author": "Mr. Presiding Justice McSurely"
      }
    ],
    "attorneys": [
      "Joseph M. Connery, for plaintiff in error.",
      "Jonas O. Hoover, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "J. L. Obermeyer, Plaintiff in Error, v. Wisconsin Dairy Farms Company, Defendant in Error.\nGen. No. 22,252.\n1. Accord and satisfaction, \u00a7 1*\u2014what constitutes. To constitute an accord and satisfaction there must be an honest dispute between the parties, a tender with the explicit understanding of both parties that it was in full payment of all demands, and an acceptance by the creditor with the understanding that the tender is accepted in full payment.\n2. Accord and satisfaction, \u00a7 4 \u2014when qualified acceptance of qualified tender does not constitute. Where a purchaser mailed the seller a check in payment of an account, a statement of which was inclosed and at the bottom of which was written: \u201cWe hand you check in payment of the above account. Trust that the settlement is in accordance with your figures and to your entire satisfaction,\u201d held not such a tender as would constitute an accord and satisfaction, on the seller\u2019s cashing the check after indorsing it: \u201cThis check accepted as part payment of this account.\u201d\n3. Municipal Court of Chicago, \u00a7 29*\u2014when judicial notice not taken of rules of Municipal Court. The Appellate Court will not take judicial notice of the rules of the Municipal Court.\n4. Municipal Cotjbt of Chicago, \u00a7 31*\u2014when judgment not entered on reversal of case on writ of error to. The Appellate Court on reversal of a case on writ of error to the Municipal Court will not enter judgment in accordance with the rules of that court if they do not appear in the record.\nError to the Municipal Court of Chicago; the Hon. Edward T. Wade, Judge, presiding. Heard in this court at the March term, 1916.\nReversed and remanded.\nOpinion filed June 19, 1916.\nJoseph M. Connery, for plaintiff in error.\nJonas O. Hoover, for defendant in error.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0568-01",
  "first_page_order": 590,
  "last_page_order": 593
}