Baum v. Buntyn

Citations

• 62 Miss. 110

Syllabus

<p>1. Accord and Satisfaction. Agreement during pendency of action. .Effect.</p> <p>Where in an action pending in the circuit court it is agreed that the plaintiff will release the defendant from the claim sued on upon his payment of the costs of the action, and the costs are accordingly paid by the latter, this is an accord and satisfaction, and a good defense against the further prosecution of the action by the plaintiff.</p> <p>2. Same. Effect of judgment appealed from.</p> <p>And such agreement is not affected by the fact that the case was appealed from a justice of the peace’s court where a judgment was rendered against the defendant which was still in force when that agreement was made.</p>