Alfred Struck Co. v. Slicer
Court of Appeals of Georgia
Rule against attorney; from Fulton superior court—Judge Bell. April 4, 1918. The petition as finally amended was as follows: “The petition of Alfred Struck Company, a corporation, respectfully shows: “1. J. S. Slicer, of said county, was, on and for some years prior to May 19th, 1910, and continues still to be, an attorney at law and a member of the bar of this court. - “2. On and prior to said day your petitioner had an account and claim amounting to approximately eleven…
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Rule against attorney; from Fulton superior court—Judge Bell. April 4, 1918. The petition as finally amended was as follows: “The petition of Alfred Struck Company, a corporation, respectfully shows: “1. J. S. Slicer, of said county, was, on and for some years prior to May 19th, 1910, and continues still to be, an attorney at law and a member of the bar of this court. - “2. On and prior to said day your petitioner had an account and claim amounting to approximately eleven thousand dollars principal, besides interest, for labor and materials furnished by petitioner in and for the construction…
1Opinion of the CourtLuke, J.
The petition does not show on its face that there had been a complete ( accord and satisfaction, and therefore it was error for the trial judge to sustain a demurrer attacking it on this ground. An accord and satisfaction is a contract, and consequently must be based on a valid consideration. Richmond &c. R. Co. v. Walker, 92 Ga. 485 (17 S. E. 604); Carlton v. W. & A. R. Co., 81 Ga. 531 (7 S. E. 623); Armour v. Ross, 110 Ga. 403 (3 5 *55S. E. 787). There was no consideration for the alleged accord and satisfaction in the instant case. Bouvier’s Law Dictionary (vol. 1, p. 103) defines accord and…
2Cases cited4 opinions
- Ryan v. Progressive Retailer Publishing Co.Court of Appeals of Georgia · 1915
- Armour & Co. v. Ross & BarfieldSupreme Court of Georgia · 1900
- Carlton v. Western & Atlantic RailroadSupreme Court of Georgia · 1888
- Roberts v. Bank of EufaulaCourt of Appeals of Georgia · 1917
3Cited by15 opinions
- Riley & Co. v. London Guaranty & Accident Co.Court of Appeals of Georgia · 1921
- Golden Peanut Co. v. BassCourt of Appeals of Georgia · 2001
- Pennsylvania Threshermen & Farmers Mutual Casualty Insurance v. HillCourt of Appeals of Georgia · 1966
- Woodstock Road Investment Properties v. LacyCourt of Appeals of Georgia · 1979
- United States v. Skinner & Eddy CorporationDistrict Court, W.D. Washington · 1928
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