Cunningham Commission Co. v. Rauch-Darragh Grain Co.
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John B. Martineau, Chancellor; 1. There was no accord and satisfaction. The burden was on the defense to prove a bona fide dispute in the settlement of which were all the elements of a complete agreement — a lawful subject-matter, a sufficient consideration and the aggregatio mentium of the parties. 2 Ark. 209; 1 A. & E. Ene. 412 ; 1 Cyc. 311 ; 2 Watts (Pa.), 424; 5 N. H. 410; 92 Fed. 968. 2. There was no mutual assent. 126 S. W. 394; 56…
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Appeal from Pulaski Chancery Court; John B. Martineau, Chancellor; 1. There was no accord and satisfaction. The burden was on the defense to prove a bona fide dispute in the settlement of which were all the elements of a complete agreement — a lawful subject-matter, a sufficient consideration and the aggregatio mentium of the parties. 2 Ark. 209; 1 A. & E. Ene. 412 ; 1 Cyc. 311 ; 2 Watts (Pa.), 424; 5 N. H. 410; 92 Fed. 968. 2. There was no mutual assent. 126 S. W. 394; 56 Ark. 35. In following cases the creditor waited too long and did not give the debtor a chance to withdraw or alter his…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by the Cunningham Commission Company, plaintiff below, to recover the balance of an account which it alleged was due to ¡it by the Rauch-Darragh Grain Company, one of the defendants, and also to discover and follow the assets of that company, which it alleged were wrongfull}'- held by the other defendants. The defendant pleaded payment, and the case was tried upon the issue of accord and satisfaction, and both parties fully developed their evidence upon that issue.
The- plaintiff was a domestic corporation, engaged in the grain business, and the defendant, the…
2Cases cited1 opinion
- Barham v. Bank of DelightSupreme Court of Arkansas · 1910
3Cited by11 opinions
- Sternberg v. Drainage Dist. No. 17 of Mississippi CountyCourt of Appeals for the Eighth Circuit · 1930
- Swindell v. Youngstown Sheet & Tube Co.Court of Appeals for the Sixth Circuit · 1916
- Bradley Lumber Co. v. HamiltonSupreme Court of Arkansas · 1913
- American Insurance Union v. WilsonSupreme Court of Arkansas · 1927
- Barham v. KizziaSupreme Court of Arkansas · 1911
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