Overton v. Conner

Citations

• 50 Tex. 113

Syllabus

<p>1. Accord and satisfaction.—It is sufficient evidence of a plea of accord and satisfaction to show that the plaintiff received the property agreed to be taken in payment of the debt to which it is pleaded.</p> <p>2. Same.—It is no reply to such evidence, in support of the plea of accord and satisfaction, to show that after the property had been, received and accepted by the plaintiff in satisfaction of the claim sued on, it had again gone into the possession of the defendant under some other or subsequent contract with which defendant had not complied, and by reason thereof or in any other way plaintiff derived no benefit.</p> <p>3. Same.—To be operative, the accord and satisfaction must be finally and fully consummated by the parties in accordance with its terms and stipulations.</p>