September 9, 2021 | Leave a comment

Whether or not an agreement replaces the old contract is usually a matter of the intention of the parties when they entered into the agreement. The settlement of the claim on the basis of agreement and satisfaction may be controversial when a counter-claim or set-off is invoked as partial payment of the liquid and uncontested claim. A claim initially settled shall not be settled if, as a result of a counter-claim or set-off, the amount actually due has been called into question on the balance between the parties. Under these conditions, an agreement and satisfaction may result from the payment of an amount lower than that of the creditor, including an amount that does not exceed the balance granted. Thus, a lump sum claim owed to a creditor is not settled.” where the debtor invokes in good faith a counter-claim or set-off in dispute and, in that case, agreement and satisfaction may result from the payment by the debtor of an amount lower than the creditor`s claim and not greater than the amount to which the debtor is liable. In H.L. “Brownie” Choate, Inc. v. Southland Drilling Co., Inc., 441 P.W.2d 672 (Tex.

Civ. App. San Antonio 1969), defendant creditor, who was the service provider of the defendant debtor, caused damage to the defendant`s drilling logging facility. . . .