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accepted accord accord and satisfaction affirmed agreed alleged amount appellant attorney bank Bergin binding broker Cal0 California cause of action cent Civil Code Civil Procedure claim Code of Civil commission Company compensation complaint consideration constitute contends creditor Crestetto debt debtor declared defendant's demurrer dollars employment enforceable estoppel evidence executed fact favor follows GRISMORE intention January Jenal judgment Lawrence Block lease letter McKillop memorandum ment mutual offer option oral agreement oral contract paid parties payment performance period person plaintiff promise to pay promisor promissory promissory estoppel promissory note purchase question real estate real property reason receipt received recover release reliance relied rendered rescission respondent rule Russo Sappa satisfaction signed statute of frauds statute of limitations Stratton sufficient supra terminate testatrix thereof trial court unilateral contract valid writing written contract