15 Abb. Pr. 340
New York Court of Common Pleas
Decided December 15, 1862
New York Court of Common Pleas · decided 1862-12-15
The action was brought to recover the difference between 78 and 84 cents per cubic yard, on an extensive excavation of rock, which the plaintiff had made for the defendant. The parties had verbally agreed upon the price, but differed in their recollection of the terms—the plaintiff claiming that they had agreed at 84 cents per yard, and the defendant that their agreement was for 78 cents, at which rate he paid the plaintiff.
Decided 1862-12-15
¶1held that the words “ would be satisfied,” meant that the respondent would accept the affidavit in satisfaction of the debt; that the appellant was not bound to surrender the affidavit; and that it was a bar to the action.
¶2Judgment reversed.
¶3 Present, Daly, F. J., Brady and Hilton, JJ.