Howell Edmunds Jackson

“ While an accord and satisfaction may be set aside, if it is shown that the parties to the transaction were mutually mistaken in regard to the material facts, such mistake must be set up by proper pleading. It is not available where it is neither averred in the bill, nor referred to in a plea in bar and a general replication thereto, which merely puts in issue the truth of the plea. ”

“ As a part of the documentary proof, there was produced a stipulation filed in the cause of Sarah Horn against Frederick Schulenberg in the United States circuit court for the eastern district of Michigan, which cause involved the same claim upon the part of the appellant against the appellee Schulenberg as is presented in the present case. ”

“ The proofs taken in the case clearly and fully establish the truth of the matters set up and alleged in the plea, including the complainant's foregoing receipt in full satisfaction of all claims against the dry-dock company and Frederick Schulenberg. ”