Catalina, Inc. v. Woodward

I agree with Judge Pannell’s dissent, and add the following thereto: This court has recently adopted two different theories respecting whether or not accord and satisfaction, and certain other similar affirmative defenses, must be pleaded before the pleader can obtain relief thereunder.

The first case is that of Chastain Finance Co. v. Sherwood, 117 Ga. App. 556 (161 SE2d 401) written by Judge Pannell, concurred in by Judges Jordan and Deen, decided April 1, 1968, and which holds that such defense must be pleaded. The second is that of Phillips v. State Farm Mut. Auto. Ins. Co., 121 Ga. App.…