Simmons v. Globe Printing Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. — Hon. Rhodes E. Cave, Judge. (1) The courts favor a compromise and settlement of disputed claims. Mateer v. Bailway, 105 Mo. 354; Kronenberger v. Bing, 56 Mo. 212; Buffington v. South Mo. Lbr. Co., 25 Mo. App. 492; Haydon v. Kailroad, 117 Mo. App. 76; Dalpine v. Lune, 145 Mo.
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Appeal from the Circuit Court of the City of St. Louis. — Hon. Rhodes E. Cave, Judge. (1) The courts favor a compromise and settlement of disputed claims. Mateer v. Bailway, 105 Mo. 354; Kronenberger v. Bing, 56 Mo. 212; Buffington v. South Mo. Lbr. Co., 25 Mo. App. 492; Haydon v. Kailroad, 117 Mo. App. 76; Dalpine v. Lune, 145 Mo. App. 549. (2) It is not necessary, in order to establish an accord and satisfaction, that there should he any formal acceptance of an offer of compromise. It is sufficient if the party to whom the offer is made evidences in any way his intention to accept the…
1Opinion of the CourtAleen, J.
— This is an action by the administra-trix of the estate of H. J. Simmons, deceased, npon an alleged contract between said Simmons and the defendant corporation, whereby, it is alleged, the defendant promised and agreed to pay Simmons the snm of $5000 in settlement of an action for libel which had been instituted by him against the defendant, and which was then pending. The trial below, before the court without a jury, a jury having been waived, resulted in a judgment for the defendant, from which plaintiff prosecutes the appeal before us. The facts involved, which appear to be undisputed,…
2Cases cited19 opinions
- Goodrich v. StanleySupreme Court of Connecticut · 1856
- Morehouse v. . Second Nat'l B'k of OswegoNew York Court of Appeals · 1885
- Barney v. LittleSupreme Court of Iowa · 1864
- Giboney v. German InsuranceMissouri Court of Appeals · 1892
- Warren v. SkinnerSupreme Court of Connecticut · 1850
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3Cited by2 opinions
- Chapman v. AdamsMissouri Court of Appeals · 1920
- Bird v. BilbyMissouri Court of Appeals · 1919