(Download) "American National Insurance Company v. Gifford-Hill & Company" by Fifth District, Dallas Court of Appeals of Texas ~ Book PDF Kindle ePub Free
eBook details
- Title: American National Insurance Company v. Gifford-Hill & Company
- Author : Fifth District, Dallas Court of Appeals of Texas
- Release Date : January 19, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
American National Insurance Company sued Gifford-Hill & Company, Inc., for a prepayment premium allegedly due on a promissory note because of premature payment of the entire balance of principal and accrued interest. Gifford-Hill denied that the written loan agreement between the parties required a prepayment premium under the circumstances. Gifford-Hill also pleaded an accord and satisfaction and discharge of the note by cancellation and surrender. Both parties moved for summary judgment. The trial court overruled American Nationals motion and rendered judgment for Gifford-Hill denying the relief sought. We hold that agreement requires payment of the premium, but that a fact issue is raised concerning accord and satisfaction. Accordingly, we reverse and render a partial summary judgment interpreting the contract and remand for trial of the accord and satisfaction issue.
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