Riley v. Kershaw
Supreme Court of Missouri
flppeal from St. Louis Circuit Court. I. A contract under seal may be waived by a parol agreement or the mode of the discharge of the obligations altered— more especially, if the parol agreement shall be executed. (Monroe vs. Perkins, 9 Pick., 298; Lattimore vs. Harsen, 14 Johns 330; Dearborn vs. Gross, 1 Oowen, 48; Richardson vs. Cooper, 25 Maine, 450.) II.
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flppeal from St. Louis Circuit Court. I. A contract under seal may be waived by a parol agreement or the mode of the discharge of the obligations altered— more especially, if the parol agreement shall be executed. (Monroe vs. Perkins, 9 Pick., 298; Lattimore vs. Harsen, 14 Johns 330; Dearborn vs. Gross, 1 Oowen, 48; Richardson vs. Cooper, 25 Maine, 450.) II. A debtor may be discharged from his debt without a technical release even on payment of a less sum than is due? by a parol agreement executed, &c. (Silvers vs. Brittin, 2 Harrison (N. J.,) 275.) III. A party accepting a sum properly…
1Opinion of the CourtWagner, Judge
This was an action instituted to recover certain rents and taxes alleged to be due. The answer set up, by way of confession and avoidance, a new agreement between the plaintiff and defendant, by which, in consideration of the defendants’ paying the rent monthly instead of quarterly as agreed upon in the original contract, a smaller sum was stipulated to be paid, and which was actually paid in full satisfaction and discharge of all the rents and taxes. The reply denied any such new agreement, and averred that the payments which were made by the month were not made by or under any such…
2Cited by24 opinions
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- City of Lexington v. RennickCourt of Appeals of Kentucky · 1899
- Young v. SchofieldSupreme Court of Missouri · 1896
- Goodson v. National Masonic Accident Ass'nMissouri Court of Appeals · 1902
- Buel v. Kansas City Life Ins. Co.New Mexico Supreme Court · 1926
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