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

124 Ga. App. 589 (1971)

185 S.E.2d 94

FOUNDRY SYSTEMS & SUPPLY, INC. et al.

v.

INDUSTRY DEVELOPMENT CORPORATION.

46570.

Court of Appeals of Georgia.

Argued September 9, 1971.

Decided October 13, 1971.

Greer & Murray, Kenneth C. Pollock, for appellants.

Stack & O'Brien, Edgar A. Neely, III, John Harris Paer, for appellee.

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…