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ENGLAND v. HORBACH

No. 950506.

944 P.2d 340 (1997)

Lan C. ENGLAND, Plaintiff and Respondent, v. Eugene HORBACH, an individual, Medicode, Inc., a Utah corporation, and Does I through V, Defendants and Petitioners.

Supreme Court of Utah.

Rehearing Denied August 26, 1997.

Attorney(s) appearing for the Case

Samuel D. McVey, Randy T. Austin, Salt Lake City, for plaintiff and respondent.

Steven G. Crockett, Steven E. McCowin, Wesley D. Felix, Steven L. Taylor, Salt Lake City, for defendants and petitioners.

On Certiorari to the Utah Court of Appeals

DURHAM, Justice:

This case comes to us on a writ of certiorari to the court of appeals, which held that the parties had reached an accord and satisfaction of their dispute. We reverse.

In 1989, defendant Eugene Horbach orally agreed to buy 258,363 shares of Medicode stock from plaintiff Lan England at $2.75 per share, for a total purchase price of $710,498.25. Over the course of the next ten months, Horbach...

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