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

73 Wash. 2d 523 (1968)

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.