Cooper v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
Erom .the circuit court of Sunflower county. Hon. A. MoO. Kimbrough, Judge. Edward W. Cooper and Carl H. Rock, appellants, partners under name of Cooper & Rock, were plaintiffs, and the railroad company, appellee, was defendant, in the court below. The facts were these: Appellants, railroad contractors, entered into a contract with the appellee to clear and grub the right of way of a projected extention of the railroad track.
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Erom .the circuit court of Sunflower county. Hon. A. MoO. Kimbrough, Judge. Edward W. Cooper and Carl H. Rock, appellants, partners under name of Cooper & Rock, were plaintiffs, and the railroad company, appellee, was defendant, in the court below. The facts were these: Appellants, railroad contractors, entered into a contract with the appellee to clear and grub the right of way of a projected extention of the railroad track. They began the work and were paid in part as the work progressed. When they finished, and desired a settlement in full, a controversy arose between them and the company…
1Opinion of the CourtWhitfield, C. J.
We think there was an accord and satisfaction in this case. The best discussion by far of the doctrine of accord and satis*643faction we have anywhere found is that by Judge Seymour D. Thompson in 1 Cyc. of Law & Procedure, p. 305 et seq. At page 331 he states the law applicable to the case made by the testimony here: “In order that the payment of a smaller sum than demanded shall operate as a satisfaction of the claim, it must be accepted as such. Where a person accepts a tender, but not in full of all demands, this acceptance will not conclude him from claiming more. The nature of the offer or…
2Cases cited4 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Clayton v. ClarkMississippi Supreme Court · 1896
- Darrill v. DoddsMississippi Supreme Court · 1901
- Bromley v. School District No. 5Supreme Court of Vermont · 1875
3Cited by18 opinions
- Yazoo M.V.R. Co. v. SideboardMississippi Supreme Court · 1931
- Whittaker Chain Tread Co. v. Standard Auto Supply Co.Massachusetts Supreme Judicial Court · 1913
- Lovorn v. Iron Wood Products Corp.Mississippi Supreme Court · 1978
- Alexander v. Tri-County Co-Op.(AAL)Mississippi Supreme Court · 1992
- Jones v. McFarlandMississippi Supreme Court · 1937
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