Borden, Inc. v. Barker

124 Ga. App. 291 (1971)

183 S.E.2d 597

BORDEN, INC.

v.

BARKER et al.

46063.

Court of Appeals of Georgia.

Argued March 3, 1971.

Decided June 22, 1971.

Rehearing Denied July 19, 1971.

King & Spalding, Kirk McAlpin, A. Felton Jenkins, Jr., C. David Vaughan, for appellant.

Heyman & Sizemore, W. Dan Greer, Neal H. Ray, Gerald M. Edenfield, for appellees.

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 1/2 years constituted an accord and satisfaction as to the amount…