Sigler v. Sigler

Citations

• 98 Kan. 524
• 158 P. 864
• 1916 Kan. LEXIS 119

Syllabus

<p>SYLLABUS. BY THE COURT.</p> <p>1. Accord and Satisfaction — Payment of Lesser Sum — Subsequent Action Not Barred — Rule—Foundation—Exceptions Enlarged — Modern Tendency of Courts. The rule that a payment of a lesser sum accepted with the understanding that it shall be in full discharge of the entire debt will not bar an action to recover the balance unless made upon a new and distinct consideration, rests rather upon technical considerations than upon reason, and the strict adherence to it has often resulted in preventing justice and the enforcement of the real intent of the parties. The modern tendency of the courts has been to enlarge the exceptions to the rule in order to avoid its harshness and in order to carry into effect settlements, adjustments and compromises.</p> <p>2. Same — Meeting of Minds — Consideration. While the agreement that a smaller sum shall be accepted in discharge of a larger sum due, must be consummated by a meeting of the minds of the parties, (Harrison v. Henderson, 67 Kan. 194, 72 Pac. 875), it is sufficient if the smaller sum has been offered and accepted with the understanding that it is in full satisfaction of the debt, provided the agreement is accompanied by a sufficient consideration.</p> <p>3. Same — New Agreement of Parties — In Person or Through Agent— Consideration — Elements. Where it is shown that the minds of the parties, whether acting by themselves as principals or through others as agents, have met and agreed upon the proposition that the receipt of the lesser sum shall extinguish all right on the part of the creditor to exact further payment, any possible or probable benefit to the one, or loss or inconvenience to-the other, will be held to constitute a consideration for the new agreement.</p> <p>4. Same — Debtor May Act Through Agent — Consideration Accepted by Creditor — Debt Released. A debtor may authorize a third person as his agent to make a satisfaction of his debt, and if what is given by the stranger is accept