Kinnear v. Graham

This action was brought for recovery of $3,500 and interest being the balance due upon a contract between the parties, dated May 31, 1921. An affirmative defense alleged that, at a time when there was $7,000 due upon the contract, and the defendants financially embarrassed and insolvent, the parties entered into an oral agreement whereby the plaintiff agreed to accept the $7,000 without interest. That thereafter $3,500 was paid thereon and a tender made of the remaining $3,500. Upon trial of the cause the trial court found for the plaintiff, and entered judgment for $3,500, together with…