Pullen v. Moore

One of the special grounds of the amended motion for a new trial alleged that the court erred in charging the jury: “If you should believe that there was a contract, and if you believe that the parties have settled this liability, if there was a liability, for attorney’s fees by mutual accord and satisfaction or in money paid and received in settlement of the liability, if there was a liability, then you would return a verdict for the defendant.” A defense of accord and satisfaction must be specially pleaded, and where a defendant fails to so plead, evidence *805tending to show accord and…