Malcolm v. Cotton

Stolz, Judge.

In this companion case to Malcolm v. Cotton, 128 Ga. App. 699, the plaintiff husband sought damages for personal injuries and property damage to his automobile. The trial judge granted the defendant’s motion for a directed verdict on his defense of accord and satisfaction, then later granted the plaintiffs amended motion for new trial on the special ground that the circumstances of the case created a valid, equitable reason not to enforce the legal principle forbidding the splitting of a cause of action (claim). The defendant appeals from the order granting the motion for new…