Donalson v. Norman
Court of Appeals of Georgia
Complaint; from city court of Bainbridge — Judge Spooner. August 16, 1913. Norman sued Donalson for $100 and interest, alleging that Donalson employed him for one year as superintendent of a farm, agreeing to pay him $600 for his services, and that the services were rendered as agreed, but that Donalson paid him only $500 and refused to pay the remainder of the $600. The defendant in his answer denied that he 'agreed to pay $600. He alleged that the sum he agreed to pay was…
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Complaint; from city court of Bainbridge — Judge Spooner. August 16, 1913. Norman sued Donalson for $100 and interest, alleging that Donalson employed him for one year as superintendent of a farm, agreeing to pay him $600 for his services, and that the services were rendered as agreed, but that Donalson paid him only $500 and refused to pay the remainder of the $600. The defendant in his answer denied that he 'agreed to pay $600. He alleged that the sum he agreed to pay was $500, and that of this sum there was due at the end of the term of employment $170, which he paid to the plaintiff, and…
1Opinion of the CourtRoan, J.
1. Where a certain sum of money is tendered by a debtor to a creditor, with the statement that it is in full satisfaction of a demand, the sum due being in dispute, the creditor must either refuse the tender or accept it in full satisfaction of the, claim. If he accepts it, he accepts the condition also, notwithstanding any contention he may make to the contrary. See Redmond cG Co. v. Atlanta & Birmingham *192Air-Line Ry., 129 Ga. 133; Wilcox, Ives & Co. v. Rogers, 13 Ga. App. 410 (79 S. E. 219); Elrod v. Kiser Co., 13 Ga. App. 471 (79 S. E. 375).
Decided January 20, 1914. Complaint; from city…
2Cases cited3 opinions
- Redmond & Co. v. Atlanta & Birmingham Air-Line RailwaySupreme Court of Georgia · 1907
- Wilcox, Ives & Co. v. RogersCourt of Appeals of Georgia · 1913
- Elrod v. M. C. Kiser Co.Court of Appeals of Georgia · 1913
3Cited by1 opinion
- Hart v. LittleCourt of Appeals of Georgia · 1929