FIDELITY & CASUALTY COMPANY OF NEW YORK v. C. E. B. M., LTD.

42872.

116 Ga. App. 92 (1967)

156 S.E.2d 467

FIDELITY & CASUALTY COMPANY OF NEW YORK v. C. E. B. M., LTD.

Court of Appeals of Georgia.

Decided June 15, 1967.

Rehearing Denied June 28, 1967.


Attorney(s) appearing for the Case

Swift, Currie, McGhee & Hiers, Glover McGhee, Albert E. Phillips, for appellant.

Grizzard & Simons, Eugene R. Simons, for appellee.


EBERHARDT, Judge.

Where a check for less than the amount claimed by the payee and marked "in full settlement" of a contract obligation was mailed December 29, received in due course and retained by the payee, who acknowledged receipt of the check January 28, but, calling attention to a dispute as to the amount due, informed the sender that the check would not be cashed, suggesting that another be issued in partial payment rather than full settlement, and without further...

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