Edenfield v. Rogers

McMurray, Presiding Judge.

Our judgment in the case sub judice, Edenfield v. Rogers, 174 Ga. App. 37 (329 SE2d 183), has been vacated by the Supreme Court and the case remanded for reconsideration in light of Menendez v. Perishable Distributors, 254 Ga. 300 (329 SE2d 149). Held:

1. In light of Menendez v. Perishable Distributors, supra, we hold that California law controls the effect of the release executed by defendant Rogers in that state.

2. While the trial court may have mistakenly applied Georgia law in reaching its ruling on plaintiff’s motion for summary judgment, we note its conclusion…