Although if the amount of the claim is undisputed a payment of a part of it will not work a discharge of the whole debt even with the agreement of both parties, nevertheless, if there is any dispute as to the validity of the amount of the claim, an agreement to compromise the claim by a payment less in amount than the maximum sum of the claim will be binding. In such a case the promise of the one party to pay, and the promise of the other party to receive such a payment, in full settlement are consideration, one for the other. Each party gives something of value and receives something of value in return therefor.19

18 Clark vs. Janes, 85 Abu, 127, 4 South Rep., 771; Martin vs. Black, 20 Ala., 309; Davuson vs. Ford, 23 W. Va., 617; Elbin vs. Miller, 78 Ky., 371.

- Smart vs. Chell, 7 Bowling's Cases, 781; Edwards vs. Baigh 11, Mirrson & Webby, 641; Henderson et al, vs. Stobart, 5 Exchequer Reports 99; Cook el al vs. Wright, 1 Best & Smith, 559.