General Air Conditioning Corp. v. Fullerton
Supreme Court of Arkansas
1DissentGeorge Rose Smith, J.
This case does not involve a disputed or unliquidated claim that was settled by a compromise agreement. Fullerton did not question the amount of his original indebtedness, which was •evidenced by a promissory note; he merely asked the •creditor to accept in satisfaction of the debt something-less than payment in full. Such an agreement by the creditor is initially without consideration, but if the agreement is fully performed by both parties it discharges the original obligation under the doctrine of accord and satisfaction. As I read the record, the agreement in this case was not fully…
2Cases cited2 opinions
- North State Fire Insurance v. DillardSupreme Court of Arkansas · 1908
- Grimmett v. OusleySupreme Court of Arkansas · 1906