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Form of Dis Charge by Agreement


FORM OF DIS CHARGE BY AGREEMENT. "The general rule is, that a contract must be discharged in the same form as that in which it is made. A contract under seal can only be discharged by agreement; if that agreement is also under seal, a contract entered into by parol may be discharged by parol." (Anson on Cont. p. 268.) This rule, as stated by Anson, is qualified by Ameri can cases, and a contract under seal may be modified or rescinded by an executed parol contract. (Cook v. Murphy, 70 Ill. 96; Green v. Wells, 2 Cal. 584; Allen v. Jacquish, 21 \Vend. 632.) The parties having acted upon the parol of agreement and altered their situa tion it would be an injustice not to give it effect. (Rob inson v. Bullock, 66 Ala. 554.) So it is held that the contract under seal may be discharged by a parol con tract, after there has been a breach. v. Garland, 47 N. H. A parol or simple contract may be discharged by word of mouth or in writing, regardless of the fact that the contract discharged is in writing. The only ex ception to this is that already noticed in regard to the discharge of a contract which the Statute of Frauds re quires to be in writing, such a contract, if discharged by a new agreement, requires the new agreement to be in writing. (Ante, Sec. 489; Musselman v. Stoner, 3t Pa. St. 265; Hill v. Blake, 97 N. Y. 216.)

contract and discharged