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Composition with creditors

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 37 U.S. 178 - Clarke v. White · 1838Most cited · 67 citing opinions

It is generally true, in cases of composition, that the debtor who agrees to pay a less sum in discharge of a contract, must pay punctually; for, until performance, the creditor is not bound. The reason is obvious; the creditor has the sole right of modifying the first contract, and of prescribing the conditions of its discharge; if the agreement for composition stipulates for partial payment, and the debtor fails to pay, the condition to take part is broken, the second contract forfeited, and no bar to the original cause of action.