Rosenmueller v. Lampe

Citations

• 89 Ill. 212

Syllabus

<p>1. Evidence—receipt in full. A written receipt in full for services is evidence of the highest and most satisfactory character, and to do away with its force the testimony should be convincing.</p> <p>2. Accord and satisfaction—money paid on settlement of disputed claim. Where a sum of money is paid in settlement of a disputed claim, in which a greater amount is claimed, it is a good accord and satisfaction, and a har to a subsequent suit for the balance claimed.</p> <p>3. Former judgment—when a bar to second suit. Where a party was employed by the trustees of a church to perform certain services for one year, for a fixed compensation, and afterwards performed similar services in the next year at the request of the priest, on the promise of the same compensation, and after all the services were performed recovered judgment against the trustees for a balance due him for the first year, before a justice of the peace, and then sued for a balance due on the last year, it was held, that the first recovery was a bar to the second suit, it being considered as growing out of the original contract.</p> <p>4. Splitting cause of action. An entire claim arising, either upon a contract or from a wrong, can not be divided and made the subject of several suits; and if several suits be brought for different parts of such a claim, a judgment on the merits in either will be available as a bar in the other suits.</p>