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DUNAWAY v. SPAIN

No. 85-C-1235.

493 So.2d 577 (1986)

C.W. DUNAWAY v. Alfred O. SPAIN.

Supreme Court of Louisiana.

September 8, 1986.

Attorney(s) appearing for the Case

Richard B. Nevils, Baton Rouge, for defendant-applicant.

Richard L. McGimsey, Baton Rouge, for plaintiff-respondent.

LEMMON,* Justice.

We granted certiorari to determine the validity of relator's defense of dation en paiement in this suit on a promissory note. We now set aside the decision of the intermediate court which rejected the defense, concluding (in essential agreement with the trial court) that the evidence established that the defendant gave and plaintiff received a thing (defendant's equity in a vacant lot consisting of the difference...

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