Carpenter v. Chicago, M. & St. P. Ry. Co.

Citations

• 7 S.D. 584
• 64 N.W. 1120
• 1895 S.D. LEXIS 114

Syllabus

<p>To establish a plea of accord and satisfaction under the statute, it must not only appear that there was an agreement to accept, in full settlement of an obligation, something different from or less than that to which one of the parties thereto is entitled, but it must be shown that such agreement has been fully executed, and the obligation extinguished by the creditor’s actual acceptance of the consideration specified in the agreement constituting an accord.</p> <p>(Syllabus by the Court.</p>