Ramon Garcia v. Edward and Sandra Robinson Book Reviews

Ramon Garcia v. Edward and Sandra Robinson by Supreme Court of Texas No. D-0949 Book Summary

Per Curiam DENIAL OF APPLICATION FOR WRIT OF ERROR Under common law, a creditor's acceptance of a check bearing the notation
"in full payment" or similar language operates as an accord and satisfaction. See Industrial Life Insurance Co. v. Finley,
382 S.W.2d 100, 106 (Tex. 1964). Petitioner Ramon Garcia asks us to decide whether Tex. Bus. & Com. Code § 1.207 abrogates
this common-law rule. The court appeals held that it does, and reversed summary judgment in favor of Garcia. The court of
appeals should not have reached this issue, however, because the Robinsons did not raise it in the trial court or brief it
on appeal. See Tex. R. Civ. P. 166a(c); Vawter v. Garvey, 786 S.W.2d 263 (Tex. 1990). We neither approve nor disapprove of
the court of appeals' discussion or resolution of this question. Although the court of appeals decided the case on improper grounds, there is no reversible error in its judgment. Accordingly,
we deny both parties' application for writ of error.

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