MOBIL OIL CORP. v. PRIVE

No. 297-78.

406 A.2d 400 (1979)

MOBIL OIL CORPORATION v. Norman W. PRIVE.

Supreme Court of Vermont.

September 10, 1979.


Attorney(s) appearing for the Case

Monte & Monte, Barre, for plaintiff.

Norman W. Prive, pro se.

Before BARNEY, C. J., and DALEY, LARROW and HILL, JJ., and SMITH, J. (Retired), Specially Assigned.


PER CURIAM.

In a collection action, the trial court rendered judgment for the defendant with respect to an indebtedness, undisputed as to liability or amount. He had sent, and plaintiff had cashed, a check for a lesser amount with a notation of payment of account in full. Curran v. Bray Wood Heel Co., 116 Vt. 21, 68 A.2d 712 (1949), was relied upon as supporting this result.

Curran deals with an obligation disputed as to amount. Id...

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