Johnson v. Aylor
Supreme Court of Arkansas
Appeal from Izard Circuit Court; D. II. Coleman, Judge; 1. There was a sufficient consideration for Aylor’s agreement to release appellant from the note and there was an accord and satisfaction. 33 Ark. 572; 24 Id. 197; 33 Id. 97. It was error to take the case from the jury. 1. There was no agreement, but, if so, it was without consideration. 1 ’Words & Phrases (1 Series); 29 Ga. 166-176; 8 Cyc. 232; 33 Ark. 574; Chitty on Contracts, 645. The mere reception of the property…
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Appeal from Izard Circuit Court; D. II. Coleman, Judge; 1. There was a sufficient consideration for Aylor’s agreement to release appellant from the note and there was an accord and satisfaction. 33 Ark. 572; 24 Id. 197; 33 Id. 97. It was error to take the case from the jury. 1. There was no agreement, but, if so, it was without consideration. 1 ’Words & Phrases (1 Series); 29 Ga. 166-176; 8 Cyc. 232; 33 Ark. 574; Chitty on Contracts, 645. The mere reception of the property would not support an accord agreement. 112 Ark. 503. STATEMENT BY THE COURT. This suit was instituted by appellee against…
1Opinion of the Court
Wood, J.,
(after stating the facts . The court erred in taking the case from the jury. The burden of proof was upon the appellant to sustain his plea of payment, and this he did by testimony which tended to show an accord and satisfaction. The testimony tended to show that appellant agreed to turn the crops and the place which he had rented from C. C. Aylor bach to him on or about October 1, 1914, in consieration for the note in suit, and that he executed his part of the agreement.
Appellee relies upon Cavaness v. Ross, 33 Ark. 572, where we quoted from Ohitty on Contracts, as follows : ‘ ‘ The…
2Cases cited3 opinions
- Feldman v. FoxSupreme Court of Arkansas · 1914
- Cavaness v. RossSupreme Court of Arkansas · 1878
- Horton v. ThompsonSupreme Court of Arkansas · 1916
3Cited by4 opinions
- Smith v. RyanSupreme Court of Arkansas · 1927
- McGehee v. CunninghamSupreme Court of Arkansas · 1930
- Buchanan v. ThomasSupreme Court of Arkansas · 1959
- Fitzpatrick v. HankinsSupreme Court of Arkansas · 1929