Barry v. Caplin

Citations

• 73 Pa. Super. 487
• 1920 Pa. Super. LEXIS 46

Syllabus

<p>Accord and satisfaction — Meeting of minds — Compromise settlements.</p> <p>To establish the defense of accord and satisfaction there must he an agreement between the parties and a meeting of their minds upon a state of facts recognized and accepted by both.</p> <p>In an action on a book account where the defense was that there was a settlement made between the parties, but evidence was produced to show that, through a mistake, certain items of the account had not been presented at the time of settlement, but, through an error, were charged to the account of another person, and it further appeared that the error was not discovered until after the settlement was made, the defendant cannot set up the defense of accord and satisfaction. Under such circumstances, it cannot be said that there was a meeting of minds upon a state of facts, recognized and accepted by both parties, and the defense of accord and satisfaction was not established.</p> <p>Appeals — Assignments of error — Improper assignment.</p> <p>A technical question of pleading, never raised in the court below, never considered by that court, that goes not to the merits of the controversy and that in any event would have resulted in no more than a formal amendment of the pleadings, will not be considered on appeal.</p> <p>Keller and Trexler, JJ., dissent.</p>