MOTOROLA &c. ELECTRONICS v. SO. GA. &c. CO.

38998.

104 Ga. App. 376 (1961)

121 S.E.2d 672

MOTOROLA COMMUNICATIONS & ELECTRONICS, INC. v. SOUTH GEORGIA NATURAL GAS COMPANY.

Court of Appeals of Georgia.

Decided September 14, 1961.


Attorney(s) appearing for the Case

Altman & Johnson, Billy G. Fallin, for plaintiff in error.

Alexander, Vann & Lilly, Heyward Vann, contra.


FRANKUM, Judge.

1. The sole question to be determined is whether the correspondence and acts of the respective parties, as reflected by the record in the instant case, constitute accord and satisfaction so as to bar the plaintiff's right to pursue an action for the purchase price of the radio equipment.

"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...

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