A.F.P. Enterprises, Inc. v. Crescent Pork, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that, “in deciding the merits of [a section 2-619] motion, a trial court cannot determine disputed factual issues solely upon affidavits and counteraffidavits”
• in deciding the merits of a section 2 — 619 motion, a trial court cannot determine disputed factual issues solely upon affidavits and counteraffidavits; if affidavits present disputed facts, the parties must be afforded the opportunity to have an evidentiary hearing
• in deciding the merits of a section 2--619 motion, a trial court cannot determine disputed factual issues solely upon affidavits and counteraffidavits; if affidavits present disputed facts, the parties must be afforded the opportunity to have an evidentiary hearing
• when there is an honest dispute of the amount due and the debtor tenders a check with the explicit understanding of both parties that it is full payment of all demands, acceptance and negotiation of a check with notice of the condition is an accord and satisfaction

Source: CourtListener parenthetical corpus (CC0).