#### Isidor Binder, Appellee, v. Herman Altman, Appellant.

Gen. No. 23,227.

(Not to Tbe reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Sheridan E. Fry, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1917.

Affirmed on remittitur; otherwise reversed and remanded.

Opinion filed April 16, 1918.

Rehearing denied April 29, 19Í8.

Statement of the Case.

Action by Isidor Binder, plaintiff, against Herman Altman, defendant, to recover damages for a breach of a contract of employment, for conversion and to enforce an accord. The jury assessed plaintiff’s damages at $5,535.25, and the court required plaintiff to enter a remittitur for the amount thereof in excess of $3,500. From a judgment for plaintiff for the latter amount, defendant appeals.

Moses, Rosenthal & Kennedy, for appellant; Hamilton Moses and Henry Jackson Darby, of counsel.

John L. Davidson, for appellee.

*238Abstract of the Decision.

Accord and satisfaction, § 1 * —when action will not lie to enforce unexecuted accord. An action will not lie to enforce an unexecuted accord unless it contains an express provision that the promise itself shall be a satisfaction of the disputed claim.

*

See Illinois Notes Digest, Vole. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice McDonald

delivered the opinion of the court.