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TESCO AMERICAN, INC. v. LETHER

No. 930762-CA.

887 P.2d 860 (1994)

TESCO AMERICAN, INC., a Utah corporation, Plaintiff and Appellant, v. Richard T. LETHER, d/b/a Utah Machine Tool Exchange, Defendant and Appellee.

Court of Appeals of Utah.

December 9, 1994.

Attorney(s) appearing for the Case

Ellen Maycock, David C. Wright, Kruse, Landa & Maycock, Salt Lake City, for appellant.

Francis J. Nielson, Arnovitz, Smith & Nielson, Salt Lake City, for appellee.

Before BENCH, BILLINGS and WILKINS, JJ.

OPINION

WILKINS, Judge:

Tesco American, Inc. (Tesco) appeals the summary judgment of the trial court in favor of Utah Machine Tool Exchange (Utah Machine). Based on undisputed facts, the trial court found an accord and satisfaction of Tesco's claim against Utah Machine. Tesco argues on appeal that when applied to the undisputed facts of this case, section 70A-3-607 of the Utah Code establishes as a matter of law that there was no accord and satisfaction...

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