Field v. Aldrich
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, to recover the balance of an account. Answer, an accord and satisfaction. Trial in the Superior Court, before Dunbar, J., who reported the case for the determination of this court, in substance as follows. The parties entered into an agreement several years before 1889, by which the defendant was to pay the expenses of the development of a vertical loom, of which the plaintiff was the inventor and patentee.
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Contract, upon an account annexed, to recover the balance of an account. Answer, an accord and satisfaction. Trial in the Superior Court, before Dunbar, J., who reported the case for the determination of this court, in substance as follows. The parties entered into an agreement several years before 1889, by which the defendant was to pay the expenses of the development of a vertical loom, of which the plaintiff was the inventor and patentee. The defendant, before 1889, paid to the plaintiff upwards of $3,000 to defray those expenses ; and on January 25,1889, when certain agreements, copies of…
1Opinion of the CourtAllen, J.
If the correctness of the defendant’s general proposition be assumed, — namely, that where a promise or agreement itself, and not its performance, is accepted in satisfaction and extinction of a demand, it is good as an accord and satisfaction without performance, — the question remains whether the taking by the plaintiff of the agreement B with the shares of stock which were issued to him as trustee was intended by the parties to be of itself a satisfaction of the plaintiff’s claim against the defendant. By the terms of the agreement, the distribution of the capital stock was to be as…
2Cited by3 opinions
- White Sewing Machine Co. v. MorrisonMassachusetts Supreme Judicial Court · 1919
- In Re Clarence A. Nachman Co.Court of Appeals for the Second Circuit · 1925
- Gilson v. NessonMassachusetts Supreme Judicial Court · 1908