MARKS v. DURRETT

47607.

127 Ga. App. 537 (1972)

194 S.E.2d 351

MARKS v. DURRETT et al.

Court of Appeals of Georgia.

Decided November 14, 1972.


Attorney(s) appearing for the Case

Harris & Simmons, James C. Simmons, Jr., Robert B. Harris, for appellant.

Sams, Dozier & Glover, Irma B. Glover, McDonald, Dupree, Rodriguez & Moore, Hylton B. Dupree, Jr., for appellees.


EBERHARDT, Presiding Judge.

Cecil Marks brought suit on a promissory note against Thomas Durrett and Ralph Marler, to which Marler pleaded various affirmative defenses, including payment and accord and satisfaction. At the trial defendant Durrett's motion for directed verdict was sustained, and no complaint is made as to that ruling. The jury returned a verdict for defendant Marler, and plaintiff appeals. Held:

1. Payment may be shown by circumstantial...

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