unliquidated claim in Utah

2015The first is the existence of "an unliquidated claim or a bona fide dispute over the amount due," id., or, if the amount due is undisputed, the debtor's incurrence "of a legal detriment in order to confer a benefit" on the creditor, Sugarhouse Fin.

2001A. Elements of Accord and Satisfaction ¶ 19 To establish an accord and satisfaction, three elements must be present: "(1) an unliquidated claim or a bona fide dispute over the amount due; (2) a payment offered as fall settlement of the entire dispute; and (3) an acceptance of the payment as full settlement of the dispute." Id. at ¶ 20 (citing Marton Remodeling v. Jensen, 706 P.2d 607, 609-10 (Utah 1985)). 1.

2024The district court agreed and granted summary judgment to the Defendants. ¶3 The court of appeals affirmed that decision, concluding that all three elements of accord and satisfaction were met: “(1) an unliquidated claim or a bona fide dispute over the amount due; (2) a payment offered as full settlement of the entire dispute; and (3) an acceptance of the payment as full settlement of the dispute.” Magleby Cataxinos & Greenwood PC v. Schnibbe, 2023 UT App 54, ¶ 19 , 530 P.3d 969 (cleaned up); see id. ¶ 23.

2024The district court agreed and granted summary judgment to the Defendants. ¶3 The court of appeals affirmed that decision, concluding that all three elements of accord and satisfaction were met: “(1) an unliquidated claim or a bona fide dispute over the amount due; (2) a payment offered as full settlement of the entire dispute; and (3) an acceptance of the payment as full settlement of the dispute.” Magleby Cataxinos & Greenwood PC v. Schnibbe, 2023 UT App 54, ¶ 19 , 530 P.3d 969 (cleaned up); see id. ¶ 23.

2024“When a claim is discharged through an accord and satisfaction, the claim is considered fully satisfied,” and “[t]he claimant no longer has the legal right to seek recovery.”3 Id. __________________________________________________________ 2 We therefore assume for purposes of this appeal that the other two elements—“an unliquidated claim or bona fide dispute over the amount due” and “a payment offered as full settlement of the entire dispute”—are met.

2023The claimant no longer has the legal right to seek recovery from anyone on that claim.” Id. ¶19 “To establish an accord and satisfaction, three elements must be present: (1) an unliquidated claim or a bona fide dispute over the amount due; (2) a payment offered as full settlement of the entire dispute; and (3) an acceptance of the payment as full settlement of the dispute.” Dishinger v. Potter, 2001 UT App 209, ¶ 19 , 47 P.3d 76 (quotation simplified), cert. denied, 40 P.3d 1135 (Utah 2001).

2023The claimant no longer has the legal right to seek recovery from anyone on that claim.” Id. ¶19 “To establish an accord and satisfaction, three elements must be present: (1) an unliquidated claim or a bona fide dispute over the amount due; (2) a payment offered as full settlement of the entire dispute; and (3) an acceptance of the payment as full settlement of the dispute.” Dishinger v. Potter, 2001 UT App 209, ¶ 19 , 47 P.3d 76 (quotation simplified), cert. denied, 40 P.3d 1135 (Utah 2001).

2023The claimant no longer has the legal right to seek recovery from anyone on that claim.” Id. ¶19 “To establish an accord and satisfaction, three elements must be present: (1) an unliquidated claim or a bona fide dispute over the amount due; (2) a payment offered as full settlement of the entire dispute; and (3) an acceptance of the payment as full settlement of the dispute.” Dishinger v. Potter, 2001 UT App 209, ¶ 19 , 47 P.3d 76 (quotation simplified), cert. denied, 40 P.3d 1135 (Utah 2001).

2024Landscape, 844 P.2d at 330 ; Marton Remodeling, 706 P.2d at 608‒ 10. ¶22 To establish an accord and satisfaction, the debtor “must show (1) an unliquidated claim or a bona fide dispute over the amount due;[4] (2) a payment offered as full settlement of the entire dispute; and (3) an acceptance of the payment as full settlement of the dispute.” ProMax Dev.

1988Ashton v. Skeen, 85 Utah 489 , 39 P.2d 1073 (1935).

1988Ashton v. Skeen, 85 Utah 489 , 39 P.2d 1073 (1935).

1988Id.

1988Id.

1919So, too, a deed, when intended as a mortgage, may be given to secure an unliquidated claim, or whatever indebtedness may thereafter be contemplated to be contracted between the parties under it and the same foreclosed in a court of equity, 27 Cyc. 1059; Anglo-California Bank v. Cerf, 147 Cal. 384 , 81 Pac. 1081 . 4 ¥e find no- merit in defendants’ plea of the statute of limitations.

1919So, too, a deed, when intended as a mortgage, may be given to secure an unliquidated claim, or whatever indebtedness may thereafter be contemplated to be contracted between the parties under it and the same foreclosed in a court of equity, 27 Cyc. 1059; Anglo-California Bank v. Cerf, 147 Cal. 384 , 81 Pac. 1081 . 4 ¥e find no- merit in defendants’ plea of the statute of limitations.