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HOFFMAN v. RALSTON PURINA CO.

No. 76-220.

86 Wis.2d 445 (1979)

273 N.W.2d 214

HOFFMAN, d/b/a Daalda Arabian Acres, Plaintiff-Appellant, v. RALSTON PURINA COMPANY, and others, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided January 9, 1979.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Michael I. Tarnoff and Warshafsky, Rotter & Tarnoff, S.C., of Milwaukee.

For the respondents the cause was submitted on the brief of John S. Skilton, Michael P. Erhard and Foley & Lardner of Milwaukee.

HEFFERNAN, J.

The sole issue in this case is whether, where there is a dispute as to liability in tort between two parties and the alleged tortfeasor makes an offer of settlement accompanied by a check and credit memorandum, the retention of the check uncashed and the acquiescence in the fruits of the credit memorandum for a period of more than seven months constitutes an acceptance of that offer. We conclude that under these circumstances, where David Hoffman retained...

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