Legal Opinion
Johnston v. First Union Nat. Bank
Supreme Court of Virginia
Decided January 13, 2006No. Record 050376PublishedCited by 6 opinions
1Opinion of the Court
RUSSELL, Senior Justice.
This appeal presents the question whether a debtor, presenting a check marked "Acc't. Paid in full" that was accepted by the creditor and not refunded, accomplished a discharge of the debt by an accord and satisfaction. It involves the application of Code § 8.3A-311 to the facts of the case.
Facts
The essential facts are undisputed. In 1985, Wendell W. Johnston and Hallie M. Johnston, husband and wife, purchased real property in Giles County. They executed a deed of trust securing a loan in the amount of $32,385.20 with a fixed rate of 13.75% interest, evidenced by a…
Also in this document: Dissent.
2Cases cited5 opinions
- DeChene v. SmallwoodSupreme Court of Virginia · 1984
- McMahon Food Corp., and Counterdefendant-Appellant v. Burger Dairy Co., and Counterplaintiff-AppelleeCourt of Appeals for the Seventh Circuit · 1997
- Webb Business Promotions, Inc. v. American Electronics & Entertainment Corp.Supreme Court of Minnesota · 2000
- Gelles & Sons General Contracting, Inc. v. Jeffrey Stack, Inc.Supreme Court of Virginia · 2002
- Ex Parte MeztistaSupreme Court of Alabama · 2001
3Cited by6 opinions
- Robert Levon Branch v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2012
- Louis Latour, Inc. v. Virginia Alcoholic Beverage Control Board and The Country Vintner, Inc.Court of Appeals of Virginia · 2007
- Helton v. Phillip A. Glick Plumbing, Inc.Supreme Court of Virginia · 2009
- Leonel Alexander Vasquez v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2013
- Louis Latour, Inc. v. Virginia Alcoholic Beverage Control Board and The Country Vintner, Inc.Court of Appeals of Virginia · 2007
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