George Sutherland

“ The Court of Claims rendered judgment in favor of the United States and dismissed the petition.
The bare recital of the facts practically disposes of the case. From them it appears that appellant not only acceded to the elimination of 142,000 magazines from the obligations of the contract, but made persistent and repeated efforts to secure from the Ordnance Office a change in the original notice, so as to include that number, instead of 298,000, expressly agreeing that if this were done it would abandon and settle all claims, controversies, and disputed points growing out of the contract. ”

“ A good deal is said by appellant to the effect that this agreement was without consideration, but we need not stop to review the contention. It is enough to say that the parties to a contract may release themselves, in whole or in part, from its obligations, so far as they remain executory, by mutal agreement, without fresh consideration. The release of one is sufficient consideration for the release of the other. ”

“ If authority for a rule so elementary be required, see, for example, Hanson v. Witten berg, 205 Mass. 319, 326, 91 N. E. 383; Collyer v. Moulton, 9 R. I. 90, 92, 98 Am. Dec. 370; McCreery et al. v. Day et al., 119 N. Y. 1, 7, 23 N. E. 198, 6 L. R. A. 503, 16 Am. St. Rep. ”