Borden, Inc. v. Barker

Quillian, Judge.

The sole question here presented is whether, under the circumstances above related, the plaintiffs’ acceptance and cashing the checks tendered to them over the course of some 4% years constituted an accord and satisfaction as to the amount due the plaintiffs. In our consideration of this case, recognition is given to the rule set out in Rivers v. Cole Corp., 209 Ga. 406, 408 (73 SE2d 196): "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…