ACCORD - Black's Law Dictionary

What is ACCORD? Definition of ACCORD in Black's Law Dictionary

ACCORD, n

A satisfaction agreed upon between the party injuring and the party injured which, when performed, is a bar to all actions upon this account. Kromer v. Heim, 75 N.Y. 576, 31 Am. Rep. 491; Buob v. Feenaughty Machinery Co., 191 Wash. 477, 71 P.2d 559, 564. An agreement to accept, in extinction of an obligation, something different from or less than that to which the per- son agreeing to accept is entitled. Whepley Oil Co. v. Associated Oil Co., 6 Cal.App.2d 94, 44 P.2d 670, 677.

Substitution of an agreement between the party injur- ing and the party injured, in view of the original obliga- tion. Barbarich v. Chicago, M., St. P. & P. Ry. Co., 92 Mont. 1, 9 P.2d 797, 799.

It may arise both where the demand itself is unliqui- dated or in dispute, and where the amount and nature of the demand is undisputed, and it is agreed to give and take less than the demand. J. F. Morgan Paving Co. v. Carroll, 211 Ala. 121, 99 So. 640, 641.

"Payment," as distinguished from accord, means full satisfaction. State v. Tyler County State Bank, Tex.Com. App., 277 S. W. 625, 627, 42 A.L.R. 1347.

See Accord and Satisfaction; Compromise and Settlement.

ACCORD, v

In practice. To agree or concur, as one judge with another. "I accord." Eyre, C. J., 12 Mod. 7. "The rest accorded." 7 Mod. 361.

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