Frick v. Algeier

Black, C.

This was an action, commenced before a justice of the peace, for money had and received by the appellant to the appellee’s use. The overruling of a motion made by the appellant for a new trial is assigned as error, the causes stated in the motion being that the verdict was contrary to law, and that it was not sustained by the evidence.

*256The contention here relates to the question whether the evidence established a defence of accord and satisfaction. We have carefully examined the evidence. In the transaction claimed by appellant as a compromise, his conduct was liable to the imputation…