Southern Cotton Oil Co. v. Currie

MERRITT, .1.

The demurrers to plea 4 were properly overruled. The allegation ■in the plea, “that the amount then owing to the plaintiff by the defendant was in dispute between them,” is the statement of a fact, and not a conclusion. A dispute means a disagreement or- a bona fide contention between the parties, and, if honest, it affords the basis of an accord between the parties which the law favors, the execution of which is the satisfaction. In the case of i'ire Ins. Association v. Wickham, 141 U. S. 577, 12 S. Ct. 87, 35 L. Ed. 860, it is said:

“If there be a bona fide dispute as to the…