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(DOWNLOAD) "Western Commerce Bank V. Gillespie" by New Mexico Supreme Court ~ eBook PDF Kindle ePub Free

Western Commerce Bank V. Gillespie

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eBook details

  • Title: Western Commerce Bank V. Gillespie
  • Author : New Mexico Supreme Court
  • Release Date : January 28, 1989
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

Western Commerce Bank appeals from an order enforcing an agreement in settlement of the claim of Western as a creditor of the Miller estates. Because Western had failed to file its claim within the time limitations under the probate code, the personal representatives had refused to pay the claim. Relying upon defects in the published notice to creditors, Western sued the personal representatives and heirs on unpaid promissory notes in the principal sum of $315,962.86. On February 10, 1988, the heirs tendered an offer of settlement that provided for the payment of $275,000, subject to the heirs obtaining the financing necessary for the settlement payment. Western accepted. Approximately two months later, Western revoked or repudiated the settlement agreement on the grounds that the heirs had not obtained the financing within a reasonable period of time.


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