65 Minn. 13 | Minn. | 1896
This is an action to recover a balance of $23.75, which the plaintiff claims is due to him from the defendant for •services rendered between January 1 and May 1, 1893. The defense is payment.
The claim of the defendant is that the undisputed evidence and findings of fact show a contract of accord and satisfaction between the parties, as to its claims against the plaintiff for damages which it deducted from his wages. Accord and satisfaction is the discharge of a contract, or cause of action, or disputed claim, arising either in contract or tort, by the substitution of an agreement between the parties in satisfaction of such contract, causé of action, or disputed claim, and the execution of that agreement. Like any other agreement, there must be an assent to, and a meeting of the minds of both parties upon, the terms of the new agreement.
Tn this case, as appears from the uncontradicted evidence, there never were any negotiations between the parties in relation to any
Order affirmed.