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eBook details

• Title: Jahn v. Burns
• Author : Supreme Court of Wyoming
• Release Date : January 23, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

Appellant-plaintiff and appellee-defendant were involved in an automobile accident. Defendant mailed plaintiff a letter accompanied by a cashiers check for $200.00. The letter read in part: "I intend this check as payment in full for all personal and property damages resulting from our accident of Feb. 10, 1978." The front of the check contained the notation: "Payment in full for all personal and property damages resulting from our accident of Feb. 10, 1978." Plaintiff crossed out this notation and wrote on the back of the check: "Deposited under protest and with full reservation of all my rights." She then endorsed the check and cashed it. Thereafter, she filed a complaint against defendant for damages arising out of the accident. Defendant answered the complaint asserting, among others, a defense of accord and satisfaction. Defendant then filed a motion for summary judgment. The parties stipulated that the motion did not raise a genuine issue as to any material fact.

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