Potter v. Hartnett
Potter v. Hartnett
Opinion of the Court
Opinion by
As the record of the judgment sued upon shows a service of
It. is objected first that the agreement is too indefinite. In looking at the affidavit in this respect the defendant is entitled to have it borne in mind that the matters set out had occurred sixteen years before and that the delay was not of his making. The important fact is that the entry into service was after the judgment though in pursuance of the agreement made during the pendency of the suit. At the time of the agreement as set out in the affidavit, defendant was in another’s employment and could not at once enter that of plaintiffs. Plaintiffs might therefore properly enter their judgment, because it was not certain that defendant could or would comply with the agreement, and for the same reason defendant could not have set up the agreement as a defence to the pending suit, because as yet it was only an accord. The satisfaction was a subsequent act, not at all inconsistent with the judgment, and not concluded by it.
Further it is said that it does not appear that the agreement was of any advantage to plaintiffs, or at least none beyond what was compensated by defendant’s wages. But this objection overlooks the fact that personal service is always a consideration, and whether it was to be solely for the wages or salary, or for that and the payment of an antecedent debt, is a question of fact in each case. It is common knowledge that
The defendant swears positively that Ms entry into plaintiffs’' service was agreed to be accepted as full payment, and that he did enter into such service. Taking that to be true, it made out a good defence, and as to its truth defendant was entitled to go to a jury.
The law on this subject is learnedly discussed in Savage v. Everman, 70 Pa. 315, and this case is clearly within the principle therein settled.
Judgment reversed and procedendo awarded.
Reference
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- Unit on foreign judgment — Sow far judgment conclusive. When suit is brought upon a judgment recovered in the courts of another state, the judgment is conclusive up to its date, and nothing which occurred previous lüereto can be set up in defence to the action on the judgment. Compromise of claim — Accord and satisfaction. Where it appears from an affidavit of defence that, during the pendency of the original suit, an agreement was made in settlement of the controversy between the parties thereto, that the judgment was subsequently entered, and that after its entry the agreement was carried out by defendant, the defence is valid. The agreement between the parties was only an accord, and plaintiffs might properly enter judgment, because it was uncertain whether defendant could or would carry out the agreement. The satisfaction was a subsequent act not at all inconsistent with the judgment and not concluded by it. Affidavit of defence — Contract—Consideration. Where an agreement is made to compromise a claim in consideration of the defendant entering into the service of the plaintiff, it cannot be said, as a matter of law, that the agreement was without consideration for the reason that the defendant was to be paid for his services. The personal services were a sufficient consideration, and the employer may contract to give for them something in excess of the salary. Savage v. Everman, 70 Fa. 315, followed.