Redmond & Co. v. Atlanta & Birmingham Air-Line Railway
Supreme Court of Georgia
Complaint. Before Judge Bartlett. Paulding superior court. May 5, 1906. T. B. Bedmond & Co. brought suit against the Atlanta & Birmingham Air-Line Bailway Co., to recover various amounts alleged to be due to tbe plaintiffs for work done and material furnished in the construction of a single-track railroad along sections 37, 38, 39, and 40, of defendant’s line. Both general and special demurrers were interposed by the defendant.
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Complaint. Before Judge Bartlett. Paulding superior court. May 5, 1906. T. B. Bedmond & Co. brought suit against the Atlanta & Birmingham Air-Line Bailway Co., to recover various amounts alleged to be due to tbe plaintiffs for work done and material furnished in the construction of a single-track railroad along sections 37, 38, 39, and 40, of defendant’s line. Both general and special demurrers were interposed by the defendant. Some of the' demurrers were overruled, and others sustained. The plaintiffs-filed their bill of exceptions to the order sustaining certain grounds-of the demurrer; and…
1Opinion of the CourtBeck, J.
(After stating the facts.) It appears from the petition in this case that the plaintiffs accepted a certain sum tendered by the other party as the full amount due under the contract, though protesting that it was an improper amount and less than they were entitled to, and released the defendant, in consideration of such payment, from all further liability under the contract sired on. And it is insisted by defendant’s counsel that this constituted an accord and satisfaction, and that under the Civil Code, §3735, the plaintiffs are concluded, the agreement-having been actually executed by the…
2Cases cited15 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Chicago, Milwaukee & St. Paul Railway Co. v. ClarkSupreme Court of the United States · 1900
- East Tennessee, Virginia & Georgia Railway Co. v. HayesSupreme Court of Georgia · 1889
- McDaniels v. President of the Bank of RutlandSupreme Court of Vermont · 1857
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3Cited by35 opinions
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- Riley & Co. v. London Guaranty & Accident Co.Court of Appeals of Georgia · 1921
- Golden Peanut Co. v. BassCourt of Appeals of Georgia · 2001
- Burgamy v. HoltonSupreme Court of Georgia · 1927
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