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DERE v. MONTGOMERY WARD AND CO., INC.

Record No. 801285.

295 S.E.2d 794 (1982)

Marlene R. DERE v. MONTGOMERY WARD AND COMPANY, INC.

Supreme Court of Virginia.

October 15, 1982.

Attorney(s) appearing for the Case

James M. Rees, Vienna (Michael L. O'Reilly, Rees, Broome, Birken & Condo, P. C., Vienna, on briefs), for appellant.

Richard A. Cooter, S. David Schiller, Washington, D.C. (Cooter, Gell & Cooter, Washington, D.C., on brief), for appellee.

Before CARRICO, C. J., and COCHRAN, POFF, THOMPSON, STEPHENSON and RUSSELL, JJ.

POFF, Justice.

The issue framed by the parties in this appeal is novation vel non.

Defendant Marlene R. Dere paid for certain furniture she bought from plaintiff Montgomery Ward and Company, Inc., by a check in the sum of $1,347.71. The checking account was titled disjunctively in her name and that of her husband, Donald P. Dere. The account contained sufficient funds to honor the check at the time it was...

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