On Motion For Rehearing.
Appellee urges in his motion for rehearing that we erred, among other respects, in not affirming the judgment on the basis of the plea and proof of accord and satisfaction. The proof offered by appellee in this connection was to the effect that an accord was reached between the parties but that the appellant had failed to perform his promise of executing and paying a note of $500.
Where the debtor has breached a valid executory agreement of accord, the creditor has the election of suing either on the agreement of accord or the original obligation. Alexander v. Handley, Tex.Com.App., 146 S.W.2d 740. In this case it appears that the question of accord and satisfaction becomes immaterial for the reason that appellee did not assert any cause of action on the agreement of accord but prayed for and was granted a judgment for the full amount of the original indebtedness claimed by him.
We believe that all other questions raised in the motion for rehearing are sufficiently discussed in our original opinion. The motion is overruled.