Barbara cashed the check, collected on the note, and one month later sued Alan for $3,000. Is Barbara bound by her acceptance of the offer?
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Alan purchased shoes from Barbara on open account. Barbara sent Alan a bill for $10,000. Alan wrote back that two hundred pairs of the shoes were defective and offered to pay $6,000 and give Barbara his promissory note for $1,000. Barbara accepted the offer, and Alan sent his check for $6,000 and his note, in accordance with the agreement. Barbara cashed the check, collected on the note, and one month later sued Alan for $3,000. Is Barbara bound by her acceptance of the offer? |
Explanation
This may be a case of unliquidated debt in whicheither amount or the existence of the agreement is disputed.The case would be in favorof Person A.
In this case, PersonA has raised a concern on the billing amount of $10,000 sent by Person B as 200 pairs of shoes weredefective.
Person A offers Person B to pay $6000 and a promissory note of $1000 with respect to the agreement.
Person B has accepted the offer.
This releases Person A from further liability of payment.
Additionally,This releases Person B from any further demand of payment.
Verified Answer
The case would be won by Person A as person Bacceptedthe offermade by Person A and cashed the cheque.
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