Southern Housing Co. v. Morton

Complainant, a corporation, paid the defendant $31,350 in purported settlement of an indebtedness. It claims that in so doing, it, by mistake, paid him $17,000 too much, and prays a recovery for that amount and for general relief. Defendant demurred to the bill on the ground that it affirmatively showed an accord and satisfaction after the alleged overpayment and also showed that subsequent to said payment, an account was stated and settled between the parties and this being true, the account could not be re-opened except upon proper averments and the proper prayer. An additional ground was…