(Download) "Bennett V. Kisluk" by New Mexico Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Bennett V. Kisluk
- Author : New Mexico Supreme Court
- Release Date : January 26, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
I respectfully dissent. The majority contends that the language of the release "cannot be said, upon a motion for summary judgment, to be a universal accord and satisfaction." What the majority does not state is how, under our holding in Vidal v. American General Companies, 109 N.M. 320, 785 P.2d 231 (1990), Bennett rebutted the presumption of an accord and satisfaction. I agree with the court of appeals that Bennett cannot, simply by stating in an affidavit that there was no meeting of the minds, satisfactorily rebut the presumption in order to defeat summary judgment. To allow this would effectively destroy the rule of Harrison v. Lucero, 86 N.M. 581, 525 P.2d 941 (Ct. App. 1974), and Vidal. In Vidal, we contemplated rebuttal in two specific areas: (1) the insertion of a reservation of rights into the release, and (2) the possibility of claims arising after the release. Neither of these are present in this case.
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