Legal Opinion

Babcock & Russell v. Hawkins

Supreme Court of Vermont

Decided August 15, 1851PublishedCited by 44 opinions

Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts substantially as follows.

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Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts substantially as follows. The plaintiffs exhibited an account against- the defendant, only one item of which was disputed, which was for a horse, charged by the plaintiffs at $60,00, and which was allowed by the auditor at $52,50. The whole account was allowed by the auditor at $323,16. The plaintiffs exhibited credits to the amount' of $285,87, which included a credit for a note for $30,00, given by the defendant to the plaintiffs August 14, 1849, and the defendant claimed…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

There is perhaps no subject connected with the law, upon which there has been , more discussion, than that of accord and satisfaction, or upon which there is more want of agreement. But we think it must be regarded as fully settled, that an agreement upon sufficient consideration, fully executed, so as to have operated, in the minds of the parties, as a full satisfaction and settlement of a pre-existing contract or account, between the parties, is to be regarded as a valid settlement, whether the new contract be ever paid, or not, and that…

2Cases cited1 opinion

  1. Bigelow v. HuntleySupreme Court of Vermont · 1836

3Cited by44 opinions

  1. Jaffray v. . DavisNew York Court of Appeals · 1891
  2. Hunter, Evans & Co. v. LaniusTexas Supreme Court · 1892
  3. Reilly v. . BarrettNew York Court of Appeals · 1917
  4. Cobb v. CowderySupreme Court of Vermont · 1867
  5. National Bank of Cleburne v. CarperCourt of Appeals of Texas · 1902

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