J & S Properties, Inc. v. Sterling

Birdsong, Judge.

In this real estate commission dispute, the trial court, by summary judgment, released the appellees Sterling and Witcher from liability, upon the showing of appellant J & S Properties, Inc.’s “general release” of three other defendants.

The appellees’ release was ordered by operation of law, under OCGA § 13-4-80, which provides: “A release may result by operation of law. When a creditor releases another who is bound jointly with or primarily to a debtor ... a release results by operation of law.”

The appellees Sterling and Witcher filed their motion for summary judgment…