Digby's, Inc. v. Emory University

Andrews, Chief Judge.

Digby’s, Inc. d/b/a Ballard Optical Company (Digby’s) appeals from the grant of summary judgment to Emory University d/b/a Emory Crawford Long Hospital (Emory) in this lease dispute. Emory sued Digby’s for default of Digby’s lease of space for an optical store at Crawford Long and acceleration of the balance due on the lease. Digby’s defended, contending there was an accord and satisfaction or surrender of the premises by Digby’s and acceptance by Emory, thereby terminating the remainder of the lease.

1. “To prevail at summary judgment under OCGA § 9-11-56, the moving…