Gustavus Bunge, Respondents v. Gerhard Henry Koop, Appellants

Summary

The Court affirmed the judgment, holding that the defendants' payment of $3,500 did not constitute consideration for a compromise of the undisputed $6,400 debt, and therefore no accord and satisfaction existed. It also affirmed that a party's pre‑performance notice of inability to perform permits the other party to sue without first offering performance.