MOODY v. TINER

38630.

103 Ga. App. 187 (1961)

118 S.E.2d 595

MOODY v. TINER et al.

Court of Appeals of Georgia.

Decided February 24, 1961.


Attorney(s) appearing for the Case

Phillip Sheffield, for plaintiff in error.

Stone & Stone, W. L. Stone, contra.


FRANKUM, Judge.

"When a creditor receives and retains a sum of money from his debtor less than the amount actually due him with the understanding, either express or implied, that it is received by him in satisfaction of his claim or demand, he cannot thereafter treat it as a nullity and recover the balance . .." Rivers v. Cole Corporation, 209 Ga. 406 (73 S.E.2d 196). The undisputed facts in...

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