Foundry Systems & Supply, Inc. v. Industry Development Corp.

Deen, Judge.

1. Whether an accord and satisfaction defense is available depends on the language of the first action and counterclaim, the release, and the affidavits attached to the motion for summary judgment. The language of the release ("The undersigned hereby acknowledge prior receipt of a copy of this release and that it is notice in writing of the lack of consent of the party or parties released hereby”) is meaningful only in a third-party release situation such as those arising under Code Ann. § 56-408.1 where the consideration for the release is advanced for the benefit of another.…