Satisfy

1.

To supply fully, with what is required; to free from doubt or uncertainty; to set the mind at rest; to convince. " To satisfy fully " is to exclude all doubts, reasonable or otherwise.* " Entirely satisfied " implies a firm and thorough assent of the mind and judgment to the truth of a, proposition. This may exist notwithstanding a possibility that the fact may be otherwise.'

Satisfactory.

As applied to evidence [q. v.), that amount of proof which ordinarily satisfies an unprejudiced mind, beyond reasonable doubt.** An action cannot be maintained, for work and labor, upon an agreement to construct a book case " to the satisfaction " of the defendant, by proof that the case was made according to the terms of the agreement, without also proving that it was accepted by the defendant;' and the same is true as to a contract to make a " satisfactory suit of clothes." ' An agreement to deliver certain notes or " make satisfaction" binds the promisor, for failure to deliver the notes, to make such compensation as the law provides.* A contract to employ one as agent for a year " if he fill the place satisfactorily " may be terminated by 1 L. sanus, sound in mind. ' Den V. Van Cleve, 5 N. J. L. 661 (1819), Kirkpatrick, Chief Justice. L. satU, enough; facere, to make. < States.

Sears, 1 Phil. L. 148 (ISei'). IPeople V. Phipps, 39 Cal. 335 (1870). 1 Greenl. Ev. § 2. ' Mc Carran t'.

— Mc Nulty, 7 (3ray, 141 (1856). the employer when, in his judgment, the agent fails to meet that requirement. " A contract to make a bust with which the defendant ought to be satisfied is one thing; an undei;taldng to malce one with which she ivill be satisfied is quite another thing." = The same ruling was made with respect to a portrait not to be paid for " if imsatisfactory." 3 Wliere S. refused to accept an elevator, costing $3,300, which had been warranted satisfactory in every respect, it was held, reversing the lower court, that, provided he acted in good faith, S. was the sole judge whether the elevator was satisfactory.* If one orders goods (milk-pans) agreeing to pay for them if satisfied, *' he must act honestly, and in accordance with the reasonable expectations of the seller as implied from the contract, its subject-matter, and surrounding circumstances. This dissatisfaction must be actual, not feigned; real, not pretended. " ' An agreement that the purchaser of an article, sold with warranty, may rescind the sale if the article is not satisfactory, does not preclude him from retaining it, and recouping damages for breach of the warranty, in an action for the price."* ' 2. To comply fully with a demand;

— to extinguish, as, by payment or performance. " Satisfied " referring to a note or bond imports that the instrument is paid." Satisfaction. (1) The settlement or extinguishment of a demand; also, the recordentry to that effect. The demand may be of the amount of a judgment, mortgage, or other lien, or of a 'claim not evidenced by a record; but the reference is frequently to matters of record by way of distinction. Accord and satisfaction. See Accoed. Satisfaction piece. An acknowledgment in writing that an incumbrance has been satisfied. (3) In equity, the donation of a thing, with the intention, expressed or implied, that it is to be an extinguishment of some existing right or claim..8 Arises, as a matter of presumption, where a man, being under an.obligation to do an act (as, to pay money), does that by will which may be considered as a performance or satisfaction of the act, the thing done being ejusdem generis with that which he en- 1 Tyler v. Ames, 6 N. T. Supr. 280 (1873). s Zaleski 11. aark, 44 Conn. 224 (1876). s Gibson v. Cranage, 39 Mich. 49 (1878). * Smgerly v. Tljayer, 108 Pa. 396 (188S), oases; 25 Am. Law Eeg. 18-31 (1886), cases; Seeley u-Welles, 120 Pa. 74 (1888), as to a machine: 27 Am. Law Eeg. 578- 2 (1838), cases. 5 Daggett V. Johnson, 49 Vt. 349 (1877); 43 id. B28. Shupe V. Collender, Sup. Ct. Conn. (1888); 15 Atl. E. 405, cases. gaged to perform. The presumption m'ay be rebutted by circumstances. The thing so done must be a substitute or equivalent for the contract, and not intended as a fulfillment of it. Ina "performance" the thing is done strictly in pursuance and in fulfillment of the contract. The question may arise where there is a portion, secured by a marriage settlement or given by a will, and an advancement is afterward made to the donee; and in case of a legacy to a creditor. , See Ademption; Advancement; Election, 3.