DeCato Bros. v. Westinghouse Credit Corp.

The defendant appeals from the granting of summary judgment to the plaintiff and the denial of its cross-motion for summary judgment by a Master (Louie C. Elliott, Jr., Esq.) approved by the Superior Court {Smith, J.). The issue presented is whether the trial court erred in failing to apply the doctrine of accord and satisfaction to bar recovery in this case, notwithstanding its finding that the loan contract did not comply with the requirements of RSA chapter 399-B. We reverse.

In 1982, the plaintiff, a trucking dealership, obtained two commercial loans from the defendant in order to finance…