Elliott v. Thomas
Missouri Court of Appeals
Appeal from Buchanan Circuit Court.- — Hon. Chas. H. Mayer, Judge. (1) The trial court erred in sustaining the demurrer. Even if the parties had agreed on a settle-meat, it was not carried out and plaintiffs had a right to sue on the original contract. It is admitted that there was no accord and satisfaction, else why this deposit? It is the unbroken rule of law in this State, that the accord and satisfaction must be complete in order to be binding.
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Appeal from Buchanan Circuit Court.- — Hon. Chas. H. Mayer, Judge. (1) The trial court erred in sustaining the demurrer. Even if the parties had agreed on a settle-meat, it was not carried out and plaintiffs had a right to sue on the original contract. It is admitted that there was no accord and satisfaction, else why this deposit? It is the unbroken rule of law in this State, that the accord and satisfaction must be complete in order to be binding. Peterson v. Wheeler, 45 Mo. 369; Barton v.'Hunter, 59 Mo. App. 610. (2) “An accord in order to discharge a contract or cause of action must be…
1Opinion of the CourtTrimble, J.
This suit was instituted by appellants, Gr. W. Elliott and Charles Davis, to enforce a mechanics lien for $84.37 the balance alleged by them to be due on an. account for labor performed in building a small house for respondent A. A. Thomas.
*29Under the original contract which was oral they were to build a five room house for $125 and do some painting for $35 making $160 in ail. After the work began, appellants claim that Thomas appeared at the place where the house was being erected and gave them the plan of the house to be built. According to appellant’s testimony this included more than the…
2Cases cited5 opinions
- Barton Bros. v. HunterMissouri Court of Appeals · 1894
- Andrews v. W. R. Stubbs Contracting Co.Missouri Court of Appeals · 1903
- Cornelius v. RosenMissouri Court of Appeals · 1905
- Carter v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1909
- Peterson v. WheelerSupreme Court of Missouri · 1870
3Cited by1 opinion
- Collins v. GaskillSupreme Court of Missouri · 1949