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2018 Georgia Code 13-4-100 | Car Wreck Lawyer

TITLE 13 CONTRACTS

Section 4. Modification, Extinguishment, and Renewal, 13-4-1 through 13-4-104.

ARTICLE 6 ACCORD AND SATISFACTION

13-4-100. Effect of executory accord.

An accord may not amount to an extinguishment of the original debt but may extend only to suspend the execution or collection thereof for a limited time; in the meantime, an action on the original debt cannot be sustained.

(Orig. Code 1863, § 2820; Code 1868, § 2828; Code 1873, § 2879; Code 1882, § 2879; Civil Code 1895, § 3733; Civil Code 1910, § 4327; Code 1933, § 20-1202.)

JUDICIAL DECISIONS

Effect of executed agreement to settle dispute generally.

- When there is a bona fide dispute between parties either as to the amount of a claim or as to ultimate liability thereon, and this dispute is settled by an agreement which has been executed, the matter is and should be at an end. DeKalb County v. Commercial Union Ins. Co., 159 Ga. App. 782, 285 S.E.2d 240 (1981).

Cited in Tarver v. Tarver, 53 Ga. 43 (1874); Wilder Bros. v. Montgomery, 51 Ga. App. 231, 179 S.E. 861 (1935); Carpet Transp., Inc. v. TMS Ins. Agency, Inc., 165 Ga. App. 734, 302 S.E.2d 421 (1983).

RESEARCH REFERENCES

Am. Jur. 2d.

- 1 Am. Jur. 2d, Accord and Satisfaction, §§ 48, 49.

ALR.

- Failure to perform act required by new agreement as affecting character thereof as accord and satisfaction, 10 A.L.R. 222; 14 A.L.R. 230.

Part payment of liquidated indebtedness by, or with aid of, third person as consideration for its acceptance in discharge of entire debt, 41 A.L.R. 1490.

Trade acceptance or unsecured note or bill of debtor as accord and satisfaction, 62 A.L.R. 751.

Acceptance of amount appropriated on account of claim against state or other public body as bar to balance of claim, 70 A.L.R. 1208.

Income tax in respect of amount collected on a debt which had been deducted as a bad debt in the return for a previous year, 143 A.L.R. 338.

Validity and effect of agreement to pay original creditor part of debt refinanced under Federal Farm Loan Act, 147 A.L.R. 743.

Interest of spouse in estate by entireties as subject to satisfaction of his or her individual debt, 75 A.L.R.2d 1172.

Conveyance or surrender of property as an accord and satisfaction of contract obligation, 59 A.L.R.5th 665.

Cases Citing Georgia Code 13-4-100 From Courtlistener.com

Total Results: 1

Superior Rigging & Erecting Co. v. Maddox

Court: Supreme Court of Georgia | Date Filed: 1991-02-28

Citation: 260 Ga. 855, 401 S.E.2d 258, 1991 Ga. LEXIS 94

Snippet: clear accord and satisfaction pursuant to OCGA § 13-4-100 et seq. They received the annuity application