HAMM v. SCOTT

Record No. 982076.

515 S.E.2d 773 (1999)

258 Va. 35

Edward L. HAMM, Jr. v. Judith Sugg SCOTT, et al.

Supreme Court of Virginia.

June 11, 1999.


Attorney(s) appearing for the Case

John C. Lynch (Huff, Poole & Mahoney, on briefs), Virginia Beach, for appellant.

Robert A. Williams (Williams, Luck & Williams, on brief), Martinsville, for appellees.

Present: All the Justices.


COMPTON, Justice.

This appeal stems from the execution of two promissory notes. Part of the consideration for the second note was the promise to forebear attempts to collect on the first note. The sole question on appeal is whether the trial court erred in refusing to enforce the second note. We answer this query in the affirmative and will reverse.

We shall recite the facts, some of which were disputed, in accordance with the findings of the trial court....

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