Hartzog's Estate

Citations

• 270 Pa. 172
• 113 A. 193
• 1921 Pa. LEXIS 352

Syllabus

<p>Accord and satisfaction — Executory agreement — Judgment— Payment—Contract.</p> <p>1. While an executory agreement may constitute a complete accord and satisfaction if the parties so intend, such intent must he clearly manifest before a court will strike down the record evidence of a debt.</p> <p>2. Where a plaintiff in an ejectment recovers a judgment for mesne profits, and immediately enters into a written agreement with defendant that the latter, in consideration of the satisfaction of the judgment, “the same to be satisfied when a deed is executed,” would convey all his title in the land in controversy to such plaintiff, and the deed is never executed, the executory agreement to make the conveyance, is not an accord and satisfaction of the judgment, and is not made so by the fact that plaintiff subsequently took title to the property by sheriff’s sale, sold it at a profit, and never made any demand for the payment of the judgment during the defendant’s lifetime.</p>