Legal Opinion

Boyer v. Ettelman

Montana Supreme Court

Decided January 6, 1989No. 88-389PublishedCited by 4 opinions

1Opinion of the CourtJustice McDONOUGH

This appeal concerns an alleged accord and satisfaction in settlement of a personal injury claim. The District Court of the Thirteenth Judicial District, Yellowstone County, sat as finder of fact and held that the parties reached an accord and that appellant’s cashing of respondent’s check constituted a satisfaction. We affirm.

Appellant Bruno Boyer presents the following issues for review:(1) Whether the Court erred in concluding that the draft itself operated as a full and final release?(2) Whether the Court erred in concluding that an accord and satisfaction resulted from the conduct…

2Cases cited3 opinions

  1. Sawyer v. Somers Lumber Co.Montana Supreme Court · 1929
  2. Barbarich v. Chicago, Milwaukee, St. Paul & Pacific Railway Co.Montana Supreme Court · 1932
  3. Price Building Service, Inc. v. ChristensenMontana Supreme Court · 1985

3Cited by4 opinions

  1. Eatinger v. JohnsonMontana Supreme Court · 1994
  2. Mears v. Safeco InsuranceDistrict Court, D. Montana · 2012
  3. Bentle v. Farmers Insurance ExchangeDistrict Court, D. Montana · 2021
  4. Eatinger v. JohnsonMontana Supreme Court · 1995

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