Wood v. Bangs

Citations

• 18 Del. 435
• 2 Penne. 435
• 48 A. 189
• 1900 Del. LEXIS 9

Syllabus

<p>Award—Practice—Peed—Consideration—Release—Tender— Waiver—Attorney at Law and Client.</p> <p>1. The usual receipt or acknowledgment of the consideration in a deed, is not of itself a sufficient release in law to discharge the payment of the consideration, if, in fact, a less sum was paid, which may be shown by paroi testimony.</p> <p>2. A naked promise to accept a less sum than the amount of an award in full payment thereof, if made gratuitously, is void for want of consideration.</p> <p>3. If at the time of part payment of the award, the residue is released under seal; or if, in addition thereto, something else, which the law regards of value, is received in discharge thereof, it will be a good discharge.</p> <p>4. After an award is made, it is competent for the parties to enter into an agreement respecting matters outside of the submission, whereby a less sum than the amount of the award is to be received in full payment thereof.</p> <p>5. A tender of the amount due in current bank bills, or United States certificates, although not a legal tender, is sufficient, unless specifically objected to at the time.</p> <p>6. If a creditor refuses absolutely to receive money about to be tendered, an objection that it was not produced, is waived.</p> <p>7. An attorney at law has no authority, as such, to accept a less sum of money, or security for a less sum, than is due, without express authority from his client to that effect</p> <p>8. An acceptance by an attorney of a less sum than is due to his client on an award, will not be binding upon the latter, unless, with full knowledge, he ratified the act. Ratification may be inferred from the distinguishing facts and circumstances surrounding the case, or from acquiescence; and if once deliberately made, it cannot be revoked.</p>