England v. Horbach

How courts have described this case

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

• holding that where the parties were mutually mistaken in their belief that the debtor owed the creditor $25,000, there was not \a compromise to satisfy an uncertain debt\ and an accord and satisfaction did not occur
• indicating that trial court may look to timeliness in making a rule 15(b) decision under the permissive prong of the analysis
• noting that second half of rule 15(b) analysis only comes into play \[ilf evidence is objected to at trial\ (emphasis added) (alteration in original) (quotations omitted)
• \[There could have been no accord and satisfaction ... because the first element of accord and satisfaction-the existence of a bona fide dispute or uncertainty over an un-liquidated amount-was not present.\

Source: CourtListener parenthetical corpus (CC0).

Cited by

5 cases in this archive cite this case.

• Lantec, Inc. v. Novell, Inc.
  Tenth Circuit· 2002-09-19· cited 115×
• Fibro Trust, Inc. v. Brahman Financial, Inc.
  Utah Supreme Court· 1999-02-12· cited 24×
• Eldridge v. Farnsworth
  Court of Appeals of Utah· 2007-07-12· cited 14×
• Chase Manhattan Bank v. Principal Funding Corp.
  Utah Supreme Court· 2004-01-27· cited 7×
• Wm. Douglas Horne Family Revocable Trust v. Wardley/McLachlan Development, LLC
  Court of Appeals of Utah· 2013-05-23· cited 5×

Cites

10 cases in this archive are cited by this case.

• State v. Walker
  Utah Supreme Court· 1987-08-25· cited 237×
• Landes v. Capital City Bank
  Utah Supreme Court· 1990-07-10· cited 60×
• Sevy v. Security Title Co. of Southern Utah
  Utah Supreme Court· 1995-09-06· cited 46×
• Girard v. Appleby
  Utah Supreme Court· 1983-03-11· cited 37×
• Estate Landscape & Snow Removal Specialists, Inc. v. Mountain States Telephone & Telegraph Co.
  Utah Supreme Court· 1992-12-17· cited 36×
• Marton Remodeling v. Jensen
  Utah Supreme Court· 1985-09-17· cited 30×
• Robert Langston, Ltd. v. McQuarrie
  Court of Appeals of Utah· 1987-08-25· cited 15×
• Neiderhauser Builders & Development Corp. v. Campbell
  Court of Appeals of Utah· 1992-01-21· cited 15×
• Warner v. Sirstins
  Court of Appeals of Utah· 1992-09-14· cited 9×
• England v. Horbach
  Court of Appeals of Utah· 1995-10-19· cited 3×

Other cases named England v. Horbach

1 other CourtListener record shares this case name.

• England v. Horbach
  Court of Appeals of Utah· 1995-10-19· cited 3×