DECATO BROTHERS, INC. v. WESTINGHOUSE CREDIT CORP.

No. 86-494.

129 N.H. 504 (1987)

DECATO BROTHERS, INC. v. WESTINGHOUSE CREDIT CORPORATION

Supreme Court of New Hampshire.

July 22, 1987.


Attorney(s) appearing for the Case

R. Peter DeCato P.A., of Lebanon (R. Peter DeCato on the brief and orally), for the plaintiff.

Cleveland, Waters & Bass, of Concord (Craig L. Staples and David W. Rayment on the brief, and Mr. Staples orally), for the defendant.


JOHNSON, J.

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...

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