Swofford Bros. Dry Goods Co. v. Goss
Missouri Court of Appeals
Appeal from the Barton Circuit Court. — Hon. Daniel P. Stratton, Judge. (1) Upon the pleadings and evidence it was error to submit to the jury the issues sought to be raised by defendant’s second amended answer. Zwislerv. Storts, 30 Mo. App. 163. (2) Tender of performance can never take the place of satisfaction, unless accepted. Accord, to be good, must be in full satisfaction and must be executed. Readiness to perform is not enough.
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Appeal from the Barton Circuit Court. — Hon. Daniel P. Stratton, Judge. (1) Upon the pleadings and evidence it was error to submit to the jury the issues sought to be raised by defendant’s second amended answer. Zwislerv. Storts, 30 Mo. App. 163. (2) Tender of performance can never take the place of satisfaction, unless accepted. Accord, to be good, must be in full satisfaction and must be executed. Readiness to perform is not enough. “The execution of the accord must be complete and perfect.” 1 Am. and Eng. Encyclopedia of Law, p. 95; 2 Pars. Contracts [7 Ed.], 818; Banhv. DeGraw, 23 Wend.…
1Opinion of the CourtSmith, P. J.
The plaintiff corporation sued the defendant on four promissory notes, for $100 each, and on an account for merchandise sold by the former to the latter, amounting to $327.35.
The answer alleged that for a valuable consideration the defendant became possessed of a certain account which was owing by the plaintiff to R. J. Morris, amounting to $870.50. It further alleged that the defendant, being the owner of said account, then and there offered and proffered the said plaintiff company to pay and discharge the said notes and account, by the delivery of said account so due the said R. J. Morris,…
2Cases cited13 opinions
- Maddux v. BevanCourt of Appeals of Maryland · 1874
- Riley v. KershawSupreme Court of Missouri · 1873
- Deutmann v. KilpatrickMissouri Court of Appeals · 1891
- Wells v. HalpinSupreme Court of Missouri · 1875
- Howard v. NortonNew York Supreme Court · 1873
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3Cited by13 opinions
- Branner v. KlaberSupreme Court of Missouri · 1932
- Klass v. City of DetroitMichigan Supreme Court · 1901
- Wetmore v. CrouchSupreme Court of Missouri · 1899
- Head v. New York Life InsuranceSupreme Court of Missouri · 1912
- McFarland v. McFarland ex rel. WrightSupreme Court of Missouri · 1919
8 more not listed; retrieve them via the Exa API.