178 N.W. 578 | S.D. | 1920
¡Ajction to recover a balance on a promissory note. The note was executed by respondent and one Sheil Carmody. It w|as secured by a chattel mortgage on certain live ' stock belonging to Sheil Carmody. The note and mortgage are dated June -8, 1918. Shortly after that date, Sheil Carmody placed the stock in respondent’s care and joined the United States army. On the 16th day of September following respondent turned said live stock over to plaintiff, who sold the same, and, after paying some expense bills that had been incurred for the care of the stock, applied the balance on the note. There was a deficiency, and plaintiff sued respondent alone for the recovery thereof.
“An accord is an agreement to accept, in extinction of an obligation, something different from that to which the person agreeing to accept is entitled.”
“Sec. 786. Acceptance by the creditor, of the consideration of an accord, extinguishes the obligation and is called satisfaction.”
The judgment and order appealed from are affirmed.