Critchell v. Loftis

Decided February 21, 1902

Appellate Court of Illinois · decided 1902-02-21

<p>1. Settlements—Receipt and Retention of a Check Containing a Condition.—The receipt and retention of a check upon condition that it is to be accepted in settlement of a matter in controversy involves the acceptance of the condition upon which the check is offered.</p>

Affirmed · Decided 1902-02-21

Mr. Justice Waterman

¶1delivered the opinion of the court.

¶2Hot only is it apparent that appellant, in receiving the check' for $5,000, had notice that appellee regarded it as given in full payment for the premises, but the court, upon the one question of fact upon which this controversy turns, has found for appellee.

¶3We see no sufficient reason for setting aside such finding. There arises under such state of facts no question as to the existence of a vendor’s lien, or of attempted satisfaction by payment of a lesser sum than is plainly due in full discharge of a debt.

¶4The decree of the Superior Court is affirmed.