Legal Opinion

Adams v. Morehead

South Dakota Supreme Court

Decided February 16, 1922No. File No. 5011PublishedCited by 6 opinions

Action 'by B. A. Adams, against G. A. Morehead, to recover an amount claimed for professional services performed; the defense being accord and satisfaction. From a judgment for plaintiff upon directed verdict, and from an order denying a new trial, defendant appeals.

1Opinion of the Court

QATK'S, P, J.

Action to recover $140.83 claimed to be the balance due on an account for professional services. Defense: Accord and satisfaction. Defendant wrote plaintiff that his bill was exorbitant, and offered to pay $100 in settlement. Later he sent plaintiff a draft for $100 “to close my account.” Plaintiff in writing acknowledged receipt óf the draft, and asked defendant to promptly sign a note for the balance and send it to him. Plaintiff cashed the draft. Upon the trial both sides moved for a directed verdict. The trial court granted plaintiff’s motion. Defendant appeals.

In Qualseth v.…

2Cases cited3 opinions

  1. Morgan v. Hannah's LesseeTennessee Supreme Court · 1849
  2. Qualseth v. ThompsonSouth Dakota Supreme Court · 1921
  3. Hagen v. Townsend & WhiteSouth Dakota Supreme Court · 1911

3Cited by6 opinions

  1. Rokusek v. National Union Fire InsuranceNorth Dakota Supreme Court · 1923
  2. Eberle v. McKeownSouth Dakota Supreme Court · 1968
  3. Frazier v. RayNew Mexico Supreme Court · 1923
  4. Clancy v. CallanSouth Dakota Supreme Court · 1976
  5. Hamburger v. Economy Department StoreSouth Dakota Supreme Court · 1928

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API