Baugh v. Fist

Citations

• 84 Kan. 740
• 115 P. 551
• 1911 Kan. LEXIS 410

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Accord and Satisfaction — Requisites—Consideration. Accord and satisfaction can arise only upon a claim concerning which there is a bona fide dispute, as a dispute mala fide would furnish no consideration.</p> <p>2. Instructions — Error Cured by Other Instructions. The expression “the claim in dispute,” taken in connection with other clear and proper instructions, does not, when used by the court in one instruction, amount to a charge that the claim In litigation is actually in dispute, and thereby to an invasion of the province of the jury.</p> <p>3. - One Requested Given in Substance. It is not error to refuse instructions which are fairly covered by those given.</p>