This section contains the nature of the case and procedural background.

In 1976, W was granted $200 per month as a single sum for the support of two minor children. On January 13, 1981, H filed a motion to modify the decree on the ground that one of the children had become emancipated. The next day, January 14, 1981, W filed an execution for $7,800, which she alleged was accrued in unpaid child support, and ordered garnishment on Third National Bank. The garnishment papers were served upon the bank on January 16, 1981. The bank paid $7,830 into court, and disbursement of that sum to the wife was ordered by the court on February 26, 1981. On March 2, 1981, H alleged that the wife had called his attorney on January 21, 1981, offering to settle all questions with respect to back child support for the sum of $4,500 and further offering that the decree of divorce be amended to provide child support on and after February 1, 1981, of only $100. H's attorney told W that H could raise $1,000 in cash immediately and would deliver to her his note for $3,500 in full satisfaction of back child support payments. W accepted the proposal and would stop in the attorney's office the following Wednesday to pick up the check for $1,000 and the $3,500 note, and that she would, at that time, sign a stipulation for modification of the decree. W alleges that he performed his part of the agreement by executing his check and note and by signing the agreed-upon stipulation. H then alleged that 'Relying to his detriment upon the fact that a compromise agreement had been reached, and W would upon the following Wednesday, her next day off, stop by the attorney's office and execute Exhibit B and pick up her promissory note and check in full settlement of all back child support payments, H borrowed a substantial sum of money in order to meet business obligations incurred by him and relying upon the fact that a compromise agreement had been made. W then caused execution and garnishment to be issued on January 14, 1981. H seeks an order to specifically perform the January 26 agreement by executing the Stipulation, and that the court order the clerk of the court to return to H the sum of $7,800 paid into court by Third National Bank. W filed her motion to dismiss the petition on the ground that it failed to state a cause of action. The court sustained that motion on the grounds that (1) the facts did not show an accord and satisfaction; and (2) there was no valid consideration for the alleged compromise agreement. H appealed.

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