Flegal v. Hoover

Citations

• 156 Pa. 276
• 27 A. 162
• 1893 Pa. LEXIS 1340

Syllabus

<p>Contract — Accord and satisfaction — Compromise—Parties.</p> <p>Defendants, who were owners of timber lands, made a contract with certain persons for cutting the timber. The contractors subsequently assigned their interests in the contract to plaintiff, who proceeded with the work. After he had been at work for some time, defendants claimed that he was violating the contract in such manner as to entitle them to rescind, and they took possession of the land by force. Plaintiff on the other hand claimed that he was pursuing his contract rights, and he in turn ousted defendants by force from the land. The parties then came together, agreed upon a settlement, put its terms in writing, which was signed by both, and partly carried out. Held, that such an agreement was not an accord, but a compromise, and was a binding contract.</p> <p>In the above case, by the compromise agreement between plaintiff and defendant, plaintiff was to be paid for all timber delivered by him under the terms of agreement with the original contractors. Heldtiaak an action for the price of such timber could be brought in plaintiff’s own name.</p> <p>Contract — Bescission by mutual consent — Consideration.</p> <p>The parties to a contract may at any time rescind it, either in whole or in part, by mutual consent, and the surrender of their mutual rights is sufficient consideration.</p> <p>Practice, C. P. — Affidavit of defence — Amendment.</p> <p>After a ease has been put at issue the refusal of leave to file an amended affidavit of defence is not the subject of exception. In the absence of a rule of court the affidavit of defence has no bearing on the issue, or the evidence at the trial. The Procedure Act of 1887 has made no change in the law in this respect.</p>