Kibler v. Frank L. Garrett & Sons, Inc.

73 Wash. 2d 523 (1968)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

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.