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JOHNSTON v. FIRST UNION NAT. BANK

Record No. 050376.

624 S.E.2d 10 (2006)

271 Va. 239

Wendell W. JOHNSTON, et al. v. FIRST UNION NATIONAL BANK, n/k/a Wachovia Bank, National Association, et al.

Supreme Court of Virginia.

January 13, 2006.

Attorney(s) appearing for the Case

Douglas E. Brinckman, Christiansburg, for appellants.

David O. Williamson, Roanoke, for appellees.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and RUSSELL, S.J.

RUSSELL, Senior Justice.

This appeal presents the question whether a debtor, presenting a check marked "Acc't. Paid in full" that was accepted by the creditor and not refunded, accomplished a discharge of the debt by an accord and satisfaction. It involves the application of Code § 8.3A-311 to the facts of the case.

Facts

The essential facts are undisputed. In 1985, Wendell W. Johnston and Hallie...

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