Hamilton & Co. v. Stewart

When this case was here before (105 Ga. 300), it was held that the court below erred in directing a verdict in favor of the plaintiff; it being then ruled that a letter written by the defendants to the plaintiff, in which was inclosed a statement of his account with them and a check to *473cover a balance which this statement showed to be due him, requesting that certain notes, which were included in the statement, be cancelled and sent to them, was a proposition of settlement on the terms stated in the letter; and that the collection of the check and the retention of the proceeds by the…