Wiggin v. Sanborn

• Citation: 210 A.2d 38,161 Me. 175
• Parties: Paul E. WIGGIN v. Clarabell SANBORN.
• Decision Date: 13 May 1965
• Court: Maine Supreme Court

Page 38

210 A.2d 38

161 Me. 175

Paul E. WIGGIN v. Clarabell SANBORN.

Supreme Judicial Court of Maine.

May 13, 1965.

Brown, Wathen & Choate, by George A. Wathen, and William M. Finn, Augusta, for plaintiff.

Locke, Campbell, O'Connor & Lund, by Joseph Campbell, Augusta, for defendant.

Before WILLIAMSON, C. J., and WEBBER, TAPLEY, SULLIVAN, SIDDALL and MARDEN, JJ.

WEBBER, Justice.

The plaintiff brought his complaint for damages alleged to have been caused by the negligent acts of defendant in an automobile collision. The defendant denied liability and pleaded specially an accord and satisfaction. By agreement the issue with respect to accord and satisfaction was tried separately, jury verdict thereon being for the defendant. By his statement of points on appeal, plaintiff assigns as error the failure of the presiding justice to direct a verdict in his behalf as well as the giving of certain instructions to the jury and the failure to instruct as requested.

The facts are not in dispute and need not have been submitted to the jury. On December 8, 1960, the day the plaintiff's and defendant's automobiles were in collision, the defendant referred the plaintiff to her insurance company. The plaintiff knew that his automobile had been slightly damaged but was not aware that he had any personal injury. Plaintiff went immediately to the office of an agent for defendant's insurance company, and using a form supplied by them, signed a report of the accident. In this report he described the damage to the vehicle and stated that no one was injured. His car was promptly repaired and the bill in the amount of $16.52 paid by the plaintiff. Information as to the cost of repair was given the insurance carrier. On the evening of the day of the accident the plaintiff suffered a stiffening of the back but did not immediately relate these symptoms of injury to the accident. His condition worsened, however, and within a few days he was forced to seek medical assistance. He suffered pain and continued under medical care for many weeks. On December 27, 1960 the insurance carrier issued its draft to the plaintiff in the amount of $16.52. On the face of the draft appeared the name and address of the assured, a reference to the date of the accident and the following language: 'In satisfaction of all claims.' In addition an 'x' was typed in a box opposite the word 'Final'. On January 13, 1961, more than a month after the accident, the plaintiff endorsed this check at a commercial bank and received payment. The jury concluded that the giving and acceptance of this draft under the circumstances then existing constituted an accord and satisfaction and a final settlement as between the parties.

14 M.R.S.A. § 155 (R.S.1954, Ch. 113, Sec. 64) provides: 'No action shall be maintained on a demand settled by a creditor or his attorney entrusted to collect it, in full discharge thereof, by the receipt of money or other valuable consideration, however small.' We have frequently asserted that settlements are favored by the law. Valley v. Boston & M. Railroad Co., 103 Me. 106, 68 A. 635; Borden v. Sandy River & Rangeley Lakes R. R. Co., 110 Me. 327, 86 A. 242. A review of the cases makes it clear that when an amount is tendered on a clear and unambiguous written condition that it be accepted in full settlement of all claims pending between the parties, one who accepts the amount offered is bound by the condition as a matter of law. In Larsen v. Zimmerman, 153 Me. 116, 135 A.2d 270, the parties were involved in a dispute over labor and materials. The buyer sent a check on which appeared 'By endorsement this check is accepted in full payment of the following account' and the word 'final'. The check was accepted even though it was in an amount less than that claimed by the seller. We held that this transaction constituted an accord and satisfaction as a matter of law and the seller was bound by the condition stated. To the same effect, Anderson v. Standard Granite Co., 92 Me. 429, 43 A. 21; Viles v. American Realty Company, 124 Me. 149, 126 A. 818; Horigan v. Chalmers Motor Co., 111 Me. 111, 88 A. 357. The material facts in the instant case are indistinguishable from those in Larsen. Plaintiff had a single unliquidated claim for damages arising out of an alleged tort on the part of defendant. Although there may be a number of provable elements of such damages as for example injury to property, pain and suffering, permanent impairment, loss of earning capacity, medical expense and the like, there is but one claim and one cause of action and the whole damage will reduce to a single sum of money.

We distinguish cases in which an issue of fact as to the intention of the parties has been raised and properly submitted to the jury. In Bell v. Doyle, 119 Me. 383, 111 A. 513, the buyer sent a check accompanied by the statement, 'Herewith check to balance' together with a statement of his claims. Although the check was cashed, the seller immediately stated his contrary position and made demand for the balance asserted to be due. The court held that on these facts the debtor's intention and what the creditor understood or should have understood were properly submitted to the jury. The language employed by the buyer, standing alone, was deemed by the court to leave an area of doubt requiring further clarification. In Wass v. Canadian Realty Co., 121 Me. 516, 518, 118 A. 375, 376, the opinion does not inform us as to what words were written on the check but the court attached importance to the fact that the word 'settlement' was erased by the defendant before final acceptance of the check by the plaintiff. Although the court held that the facts in Wass raised on...