Patterson v. Treadwell

There were four causes of action,—for work, labor, and services; balance due upon a contract; money paid out; and rent. The answer was payment, and was amended by adding accord and satisfaction. At the close of the testimony the learned trial judge said: “I hold that there was an accord and satisfaction as appears from Plaintiffs Exhibit No. 10.” By an examination of the Plaintiff’s Exhibit No. 10, we find that it was an agreement between the plaintiff and the - defendant, by the terms of which the plaintiff accepted the surrender of the laundry for the unexpired term of the defendant’s lease upon certain terms regarding the payment of past rent and other things, to which the defendant agreed. As the action was in part for the rent past due. it isl difficult to see how the agreement can be an accord and satisfaction. Judgment reversed, and new trial ordered, with costs to abide event.