CLARK &c. CORP. v. REFRIGERATED &c. CO.

56905.

148 Ga. App. 405 (1978)

251 S.E.2d 321

CLARK EQUIPMENT CREDIT CORPORATION v. REFRIGERATED TRANSPORT COMPANY, INC.

Court of Appeals of Georgia.

Decided November 20, 1978.

Rehearing Denied December 7, 1978.


Attorney(s) appearing for the Case

Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Susan A. Cahoon, Edmund M. Kneisel, for appellant.

Louis C. Parker, III, Serby & Mitchell, David I. Funk, for appellee.


WEBB, Judge.

Clark appeals from the order granting summary judgment to Refrigerated Transport Co. (hereinafter RTC) on its defense of accord and satisfaction to Clark's suit seeking recovery for unpaid rentals. We find there were genuine issues of material fact making this a jury question, and accordingly must reverse.

During 1971-1975 RTC leased certain equipment from Clark pursuant to three leases under which payments were to be made to Clark. These payments...

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