Whitsitt v. Clayton

The record in this case presents a question of accord and satisfaction, which arises upon a demurrer to the amended answer.

The action is upon a promissory note executed by the appellant to the appellees, for the sum of $2,378.42, bearing date July 24, 1874, payable one month after date, with interest at one and one-half per cent, per month, from date until paid. Suit was instituted thereon October 17, 1879.

The amended answer sets up as a defense to the whole cause of action, except the sum of one dollar, an agreement entered into between the plaintiffs ana defendant on or about 26th of…