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Court of Appeal Wellington
9, 10 November; 18 December 1964
North P., Turner J., McCarthy J.
9, 10 November; 18 December 1964
North P., Turner J., McCarthy J.
Contract — Defences to actions for breach of contract — Accord and satisfaction — Nature and effect of defence — Whether executory contract may operate as satisfaction — Effect of attachment of conditions precedent to such a contract — Contract enforceable by one party but not enforceable by other for lack of writing — Whether it may be pleaded as accord and satisfaction by party unable to enforce it — Whether there may be accord and satisfaction in respect of right of appeal under Town and Country Planning Act.