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Accord & Satisfaction

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District Court (Tenn.) Says Vehicle Lessor Subject to Accord and Satisfaction When Lessee Sends Lease-end Check for Less Than Claimed, But Includes Cover Letter and Mark on Check Indicating “Accord and Satisfaction” — And Lessor Keeps the Disputed Sum

by Scott J. Hyman |

In Harris v. Ally Financial, Inc.,  2015 WL 7588263, at *3 (W.D.Tenn., 2015), Judge McCalla held that a vehicle lessee stated a claim against a vehicle lessor for accord and satisfaction under the facts pleaded. Plaintiff asserts that Defendant breached an accord and satisfaction of the vehicle lease with Plaintiff and the co-buyer. (Compl. ¶ 19.) The parties' lease states that… Read More