Kaufman County v. Gaston

(after stating the facts as above). The claim of appellee for fees for compensation during his first two years of service as treasurer was, as admittedly shown by the evidence, a legal claim in its entirety, chargeable against the county. Was the taking of the $50 monthly by the appellee wholly inconsistent with his right to the claim in its entirety? The general principle is that the acceptance of a less sum than is actually due cannot legally be a satisfaction and will not operate to extinguish the whole debt upon the ground that there is no consideration for the relinquishment of the…