General Renting & Investment Co. v. Bernardnon
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) Accord and satisfaction discharges a liability and the agreement between the parties in satisfaction of such liability defines and limits their obligation. 1 Am. and Eng. Ency. Law, p. 423; Marshall y. Larkin, 82 Mo. App. 635; Worden v. Houston, 92 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) Accord and satisfaction discharges a liability and the agreement between the parties in satisfaction of such liability defines and limits their obligation. 1 Am. and Eng. Ency. Law, p. 423; Marshall y. Larkin, 82 Mo. App. 635; Worden v. Houston, 92 Mo. App. 371; Babcock v. Hawkins, 23 Yt. 561. (2) The receipt of December 21, 1904, was executed after plaintiff claimed it noticed defects in the work and after a dispute between the parties; unless it clearly appears that the parties agreed to leave the matter open, the…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on account of a breach of contract for laying concrete sidewalks. A jury was waived and the issue tried before the court. Plaintiff recovered and defendant prosecutes the appeal.
It appears that plaintiff, a corporation, erected a number of residences on Vernon avenue in the city of St. Louis and let the contract' to defendant for the construction of concrete walks, steps, foundations, *386etc. The work was to he done according to certain plans and specifications furnished by plaintiff, and it amounted in all to more than $1000 in value. The evidence…
2Cases cited1 opinion
- Donaldson Bond & Stock Co. v. HouckSupreme Court of Missouri · 1908