Thompson v. McMillan

McMillan sued Thompson before a Justice of the Peace, and obtained a judgment for $92.25 and costs of suit. Execution was issued and levied on personal property belonging to Thompson... He gave a delivery bond, and the property was advertised for sale.

Before the day of sale arrived an agreement was made whereby McMillan was to receive $50 in satisfaction of the judgment, Thompson to pay, in addition thereto, the costs and McMillan’s attorney’s fees.

In pursuance of this agreement, the $50 were paid, and McMillan executed his, receipt to Thompson for the full sum of $92.25. Thompson also paid…