Crary v. Ashley
Supreme Court of Arkansas
Debt, on bond executed by Crary, to Ashley & Beebe, for one thousand dollars, with interest from date at ten per cent., determined in Pulaski Circuit Court, in November, A. D. 1841, before the Hon. John J. • Clendenin, one of the Circuit Judges.
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Debt, on bond executed by Crary, to Ashley & Beebe, for one thousand dollars, with interest from date at ten per cent., determined in Pulaski Circuit Court, in November, A. D. 1841, before the Hon. John J. • Clendenin, one of the Circuit Judges. The defendant pleaded, that, in consideration of his indebtedness on the bond, and on other bonds, amounting to two thousand dollars, all executed to Ashley & Beebe, he agreed with Ashley, to furnish the materials and do the work of two brick houses, about to be put up by Ashley, and to furnish other materials, and do other brick-work, for which…
1Opinion of the Court
By the Court,
Dickinson, J.
That the pleas are wholly defective, is abundantly proven by all the authorities; and so this Court has ruled the question, in the case of Pope vs. Tunstall and another, 2 Ark. Rep. 223. An accord must be executed in all its parts, before it can produce satisfaction. An accord executory constitutes no bar. In the present instance, these pleas can be neither termed an accord with satisfaction executed, nor accord in satisfaction executory. They certainly do not fall under the denomination of either of these classes of pleas. They endeavor to set up unliquidated…
2Cases cited1 opinion
- Ingalls v. SpragueNew York Supreme Court · 1833
3Cited by3 opinions
- Trinity Universal Ins. Co. v. RobinsonSupreme Court of Arkansas · 1957
- Sillivant & Thorn v. ReardonSupreme Court of Arkansas · 1843
- Grimmett v. OusleySupreme Court of Arkansas · 1906