SILVERHAWK, LLC v. KEYBANK NAT. ASS'N

No. 66190-6-I.

268 P.3d 958 (2011)

SILVERHAWK, LLC, a Washington limited liability company, Appellant, v. KEYBANK NATIONAL ASSOCIATION, a banking institution, Respondent.

Court of Appeals of Washington, Division 1.

Publication Ordered December 19, 2011.


Attorney(s) appearing for the Case

Maygan H. Hurst , Attorney at Law, Federal Way, WA, Michael D. Bohannon , Attorney at Law, Poulsbo, WA, for Appellant.

Shannon L. McDougald , McDougald & Cohen PS, Seattle, WA, for Respondent.


BECKER, J.

¶ 1 Where a swap agreement provides for payments over a fixed period of years and does not provide for early termination, a party who obtains release from the agreement by payment of an early termination fee has made an accord and satisfaction. Here, appellant claims the swap agreement did provide for early termination by setting forth a specific method for calculating an early termination fee, but appellant failed to raise a genuine issue of material...

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