Accord

2 Agi-eement; satisfaction.

A satisfaction agreed upon between the party injuring and the party injured.' An agi-eement, in the case of a contract, where the creditor agrees to accept some other thing in lieu of that which is contracted or promised to be done.* Used in the plea " accord and satisfaction." When performed, constitutes a bar to all actions. The money or property must be offered in satisfaction of the claim, and upon the condition that i£ accepted it is a satisfaction, and the claimant must be made to understand that he takes it subject to such condition.' The bar rests on the agreement and not on the mere reception of property; for whatever amoimt may have been received, the right of action will not be extinguished, unless it was agreed that the property should be received in satisfaction of the injury. An accord by parol, or by writing not under seal, cannot be set up as a bar to an action of debt founded on a record, or to a judgment in the nature of a record, nor to a debt by specialty, where the debt arises upon the deed; but it may be interposed as a bar to a claim for damages founded upon the breach of a specialty.' Furthermore, an accord must be legal, reasonable, advantageous to the creditor, certain, complete, and be made by the debtor. It may proceed from a partner or a joint wrong-doer for him and his associates, and may be accepted by one co-plaintiff. When a definite sum of money is agreed upon, a, less sum is not considered a satisfaction, unless there is an additional benefit.'' The technical rule, that an unsealed agreement to accept a smaller sum than the entire debt does not bind the creditor, has been falling into disfavor. It is now held that where a new element enters into the 1 Whiskey Cases (United States v. Ford), 99 U. S. 595, 699-606 (1878), cases, Clifford, J. See also Bex v. Eudd, 1 Cowp. 336 (1775), Mansfield, C. J.; Commonwealth V. Knapp, 10 Pick. 492-94 (1830); Commonwealth v. Holmes, 127 Mass. 429-45 (1879), cases, Gray, C. J.; State V. Graham, 41 N. J. L. 16-22 (lb79), cases; Oliver v. Commonwealth, 77 Va. 590 (1883); 66 Ga..346; 133 Mass. 402.

2 F, accorder, to agi'ee. ' 3 Bl. Com. 15-16. < Way V. EusseU, 33 F. E. 7 (1887): 1 Swift's Dig. 499 24 Conn. 613; 75 N. Y. 574. 'Preston i;.

Grant, 34 Vt. 203 (1861); Bull v. Bull, 43 Conn. 468 (1876). ' Mitchell V. Hawley, 4 Denio, 417-18 (1847). ' See Cumber v. Wane, 1 Sm. L. C. 604 [•445], cases; 20 Wall. 309; 40 Ark. 184; 6 Col. 162; 44 Conn. 541; 87 a^eement of oompromise, the entire debt is satisfied; as, for example, a promise to pay at an earlier day, at a. different place, in a different thing, or a promise by a new party.

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