Motorola Communications & Electronics, Inc. v. South Georgia Natural Gas Co.

Frankum, Judge.

The sole question to be determined is whether the correspondence and acts of the respective parties, as reflected by the record in the instant case, constitute accord and satisfaction so as to bar the plaintiff’s right to pursue an action for the purchase price of the radio equipment.

“When a creditor receives and retains a sum of money from his debtor less than the amount actually due him with the understanding, either express or implied, that it is received by him in satisfaction of his claim or demand, he cannot thereafter treat it as a nullity and recover the balance. . .”…