Roach v. Gilmer
Utah Supreme Court
Appeal from the third district court. The opinion states the facts. A payment of a part of the sum which is conceded to be due in money can not be an accord and satisfaction for the whole sum: 27 Cal. 611; 12 Gray, 343; 10 Cush. 48; 12 Met. 551; 20 Conn. 559 ; 38 Pa. St. 149 ; 2 Parsons on Contracts, 685; 2 Green! Ev., sec. 28 et seq.
Read the full summary
Appeal from the third district court. The opinion states the facts. A payment of a part of the sum which is conceded to be due in money can not be an accord and satisfaction for the whole sum: 27 Cal. 611; 12 Gray, 343; 10 Cush. 48; 12 Met. 551; 20 Conn. 559 ; 38 Pa. St. 149 ; 2 Parsons on Contracts, 685; 2 Green! Ev., sec. 28 et seq. An account stated is not a more solemn instrument than a promissory note; it need not be any instrument at all; it is the meeting of the minds of two parties on the balance due. If the minds of the parties never met, that is, if one of them never assented to it…
1Opinion of the Court
EMERSON, J. : .
The complaint contains two causes of action: one for the balance due for the personal services of the plaintiff, and the other for the labor of the plaintiff’s wife.
The answer admits that the plaintiff worked for the defendants for the length of time alleged, and the value of the services as charged in the first count. It denies any contract to pay the wife separately, and states that the amount alleged in the first count was for the services of both plaintiff and wife. It denies any indebtedness, and alleges payment. For a separate defense, it alleges an accounting in…
2Cases cited5 opinions
- Babcock & Russell v. HawkinsSupreme Court of Vermont · 1851
- Palmerton v. HuxfordNew York Supreme Court · 1847
- McDaniels v. LaphamSupreme Court of Vermont · 1849
- Shipman v. United StatesUnited States Court of Claims · 1883
- Neary v. BostwickNew York Court of Common Pleas · 1859
3Cited by5 opinions
- B. & W. Engineering Co. v. BeamCalifornia Court of Appeal · 1913
- Ashton v. SkeenUtah Supreme Court · 1935
- Everhardy v. Union Finance Co.California Court of Appeal · 1931
- Anderson v. AndersonUtah Supreme Court · 1902
- Anderson v. AndersonUtah Supreme Court · 1902