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Kibler v. Frank L. Garrett & Sons, Inc. | 439 P.2d 416 (1968)

An accord and satisfaction is an agreement pursuant to which payment is accepted in full discharge and satisfaction of the claimed amount owed. In Kibler versus Frank L Garrett and Sons, we explore how an accord and satisfaction is created.

Frank L Garrett and Sons hired William Kibler to harvest Garrett’s wheat crop. The parties didn’t agree on a price. Kibler claimed that he advised Garrett that he would charge at least eighteen cents per bushel if the wheat crop produced more than fifty bushels per acre and possibly more if circumstances required.

Garrett’s crop exceeded fifty bushels per acre. Kibler initially sent Garrett a bill charging twenty five cents per bushel. Kibler then sent a corrected bill charging twenty cents per bushel. The amount due on the corrected bill was approximately eight hundred seventy six dollars. Kibler explained that he charged twenty cents per bushel because of difficulties encountered during the harvest .

Garrett subsequently sent Kibler a check for four hundred forty four dollars. The check indicated that it was for harvesting wheat at Garrett’s ranch. Preprinted fine print on the check’s front advised that the check was intended as full payment. In a letter accompanying the check, Garrett claimed that Kibler had promised to charge ten dollars per acre. Because the wheat crop was heavy, Garrett paid Kibler twelve dollars per acre. The letter described Kibler’s revised bill as ridiculous. Kibler deposited the check and then sued Garrett to recover the remainder allegedly due.

Kibler didn’t notice the preprinted fine print on the front of the check before depositing it. Nevertheless, the trial court found that the check’s fine print coupled with Garrett’s letter constituted an accord and satisfaction as a matter of law. The trial court therefore dismissed the matter at the close of Kibler’s case. Kibler appealed to the Washington Supreme Court.

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