Capps v. Georgia Pacific Corporation

DENECKE, J.,

specially concurring.

I concur in the decision that the judgment for the defendant must be reversed; however, I cannot concur in the reasoning of the majority.

The first ground for reversal is that the defendant’s answer setting up a release is insufficient be*258cause it failed to allege that the claim was unliquidated or otherwise in dispute. The majority refers to this release as an accord and satisfaction, whereas the instrument is in terms of a release. There is a theoretical difference between a release and an accord-satisfaction ; however, both are forms-of contract, and probably…