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acceptance accord and satisfaction affirmed.1 agreed agreement alleged amount appellee applied assignment assumpsit authority Bank benefit bill binding bound breach cause of action chose in action claim condition precedent consideration contract Court of Appeals court of equity covenant creditor damages debt debtor decision declaration deed defendant defendant's delivered delivery discharge enforce entitled equity evidence executed executor fact fendant held intention judge judgment jury land lease letter liability marriage Mass Massachusetts ment mortgage notice obligation offer opinion paid parol parties payment performance person plaintiff plaintiffs in error plea pleaded promise to pay purchase question reason received recover refused rendered Reported request rule seal sell seller ship specific Statute of Frauds suit supra Supreme Court testator tiff tion tract trial unilateral contract verdict void Williston York York Supreme Court