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Discharge of Right of Action Arising from Breach


DISCHARGE OF RIGHT OF ACTION ARISING FROM BREACH. The right of action arising from the breach of a con tract may be discharged in either of three ways: (a) By consent of parties; (b) by the judgment of a court of cempetent jurisdiction; (c) by lapse of time. (Anson on Cont. p. 314.) (a) The person entitled may consent to release or waive the right of action, and this release if made upon consideration discharges the right. (Ante, Sec. 488.) Or the parties may, by an accord and satisfaction, dis charge the right of action.

(b) The judgment of a court having jurisdiction of the right of action in the plaintiff's favor discharges or merges the right of action into a contract of record. If the judgment is adverse to the plaintiff he is estop ped from bringing another suit on the same cause, but on appeal a higher court may reverse such judgment. A judgment adverse to the plaintiff in order to dis charge the action by estoppel, must have been a final judgment rendered upon the merits of the case.

(c) Aside from the statutes of limitations lapse of time does not affect the rights of parties to contracts. The statutes withdraw the remedies after the lapse of the specified time, but do not extinguish the rights. Hence remedies barred by the statute of limitations may be revived in certain ways, as by acknowledgment or by part payment.

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