New York Supreme Court December 5, 1853 (Tilton v. Alcott)

By the Court, Johnson, J.

It has been so often held in this state that an accord executory with tender of performance is no bar to an action, that the rule must be regarded as conclusively settled, and the question no longer open for discussion. (Brooklyn Bank v. De Grauw, 23 Wend. 343. Daniels v. Hallenbeck, 19 Id. 408. Hawley v. Foote, Id. 516. Russell v. Lytle, 6 Id. 390. Anderson v.