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Edward Good vs. Samuel Davis

Superior Court of the Territory of Arkansas1822-04
1 Ark. Terr. Rep. 16

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Per Curiam.

After the commencement of a suit and issue formed, a party to avail himself of accord and satisfaction occurring afterwards, must specially plead puis darrein continuance, and establish it by evidence, if disputed, and pleading puis darrein continuance waives all previous defences. 1 Salk. 168 ; 2 Strange, 1105 ; 1 Chitty’s PI. 697; 5 Taunt. 333. Reversed.