Adams v. Morehead
South Dakota Supreme Court
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
- Morgan v. Hannah's LesseeTennessee Supreme Court · 1849
- Qualseth v. ThompsonSouth Dakota Supreme Court · 1921
- Hagen v. Townsend & WhiteSouth Dakota Supreme Court · 1911
3Cited by6 opinions
- Rokusek v. National Union Fire InsuranceNorth Dakota Supreme Court · 1923
- Eberle v. McKeownSouth Dakota Supreme Court · 1968
- Frazier v. RayNew Mexico Supreme Court · 1923
- Clancy v. CallanSouth Dakota Supreme Court · 1976
- Hamburger v. Economy Department StoreSouth Dakota Supreme Court · 1928
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