Shortell

November 15, 1923, appellants • signed the document set forth below and handed it, together with the $2,500 mentioned therein as a deposit, to respondent Evans-Ferguson Corporation (as agent for respondent California Trust Company), which thereupon executed an acceptance of the offer contained therein. The document in question reads as follows:

In March, 1924, appellants were at their request released from their “obligations" under this agreement and the deposit returned to them, less, however, the sum of $516.25, which was retained, over their protest, as accrued interest on deferred payments. The present action is for recovery of that amount. Respondents plead and the trial court found that appellants had agreed to pay the $516.25 for the privilege of being relieved from their obligation to purchase, and had accepted the return of the balance of the deposit ($1,983.72) and the release as an accord and satisfaction.

The grounds upon which the appellants base their contention that the judgment against them was erroneous and should be reversed are thus stated in their opening brief:

An accord is thus defined: “An accord is an agreement to accept in extinguishment of an…