Legal Opinion
Clark Equipment Credit Corp. v. Refrigerated Transport Co.
Court of Appeals of Georgia
Decided November 20, 1978No. 56905PublishedCited by 8 opinions
1Opinion of the Court
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 were processed by Clark’s employees at an Atlanta office until January, 1973, when Clark initiated a procedure for collection of long…
2Cases cited14 opinions
- Burnette Ford, Inc. v. HayesSupreme Court of Georgia · 1971
- Chandler v. GatelyCourt of Appeals of Georgia · 1969
- McCullough v. Mobiland, Inc.Court of Appeals of Georgia · 1976
- Scott v. Imperial Hotel CompanyCourt of Appeals of Georgia · 1947
- Wood v. WoodSupreme Court of Georgia · 1977
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Golden Peanut Co. v. BassCourt of Appeals of Georgia · 2001
- Adp-Financial Computer Services, Inc. v. The First National Bank of Cobb CountyCourt of Appeals for the First Circuit · 1983
- Federal Insurance v. PaulkCourt of Appeals of Georgia · 1985
- WOOD BROS. CONSTRUCTION CO. v. Simons-Eastern Co.Court of Appeals of Georgia · 1989
- M. Walter & Co. v. North Highland Assembly of God, Inc.Court of Appeals of Georgia · 1988
3 more not listed; retrieve them via the Exa API.