Brown v. Coastal Truckways, Inc.
Court of Appeals of North Carolina
1Opinion of the Court
WEBB, Judge.
There being no dispute as to the facts as stated in this opinion, the entry of summary judgment was proper if the defendant is entitled to judgment as a matter of law based on these facts. G.S. 1A-1, Rule 56. Atkinson v. Wilkerson, 10 N.C. App. 643, 179 S.E. 2d 872 (1971). The case sub judice poses the following question. Is a disputed claim extinguished when the debtor tends to the creditor a check marked “account in full” and the creditor deposits the check after striking these words from the check and notifies the debtor he is reserving his right to contend for the balance of…
2Cases cited8 opinions
- Jahn v. BurnsWyoming Supreme Court · 1979
- Scholl v. TallmanSouth Dakota Supreme Court · 1976
- Fritz v. MarantetteMichigan Supreme Court · 1978
- Baillie Lumber Co. v. Kincaid Carolina Corp.Court of Appeals of North Carolina · 1969
- Rosser v. . BynumSupreme Court of North Carolina · 1915
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3Cited by28 opinions
- Horn Waterproofing Corp. v. Bushwick Iron & Steel Co.New York Court of Appeals · 1985
- Flambeau Products Corp. v. Honeywell Information Systems, Inc.Wisconsin Supreme Court · 1984
- Air Van Lines, Inc. v. BusterAlaska Supreme Court · 1983
- County Fire Door Corp. v. C. F. Wooding Co.Supreme Court of Connecticut · 1987
- Chancellor, Inc. v. Hamilton Appliance Co.New Jersey Superior Court Appellate Division · 1980
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