Clark v. Thompson

The unconditional acceptance of a note as payment of a pre-existing account, some items of which are in dispute, is an accord and satisfaction of the account, which precludes the maintenance of an action upon it. Sutton v. Hurley, 12 Ga. App. 312 (77 S. E. 218). However, in the present case there was evidence which, if credible, authorized a finding that the acceptance of the note in question was expressly dependent upon the condition that a certain bank would discount the note, and that this condition was not met. In this view of the ease, the effort to settle the account by note was shown…