STEIN STEEL &c. CO. v. BRIGGS MFG. CO.

40831.

110 Ga. App. 489 (1964)

138 S.E.2d 910

STEIN STEEL & SUPPLY COMPANY v. BRIGGS MANUFACTURING COMPANY.

Court of Appeals of Georgia.

Rehearing Denied October 15, 1964.


Attorney(s) appearing for the Case

Fine & Rolader, D. W. Rolader, for plaintiff in error.

Gerstein & Carter, Joe W. Gerstein, contra.


EBERHARDT, Judge.

1. The central issue here and the only substantive one is whether the matter pleaded by Stein Steel in its cross action and its amended answer is a legally sufficient defense to an action on open account. These allegations show that Stein is relying on its agreement with Briggs to return the merchandise as an accord and satisfaction. An accord and satisfaction is legally valid as a defense either when it has been fully executed or when it is separately...

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