O.C.G.A.

O.C.G.A. § 13-4-100 (2019)

Effect of executory accord

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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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.

History

(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.)

Annotations

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 ALR 222; 14 ALR 230. Part payment of liquidated indebtedness by, or with aid of, third person as consideration for its acceptance in discharge of entire debt, 41 ALR 1490. Trade acceptance or unsecured note or bill of debtor as accord and satisfaction, 62 ALR 751. Acceptance of amount appropriated on account of claim against state or other public

body as bar to balance of claim, 70 ALR 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 ALR 338. Validity and effect of agreement to pay original creditor part of debt refinanced under Federal Farm Loan Act, 147 ALR 743. Interest of spouse in estate by entireties as subject to satisfaction of his or her individual debt, 75 ALR2d 1172. Conveyance or surrender of property as an accord and satisfaction of contract obligation, 59 ALR5th 665.

Notes of Decisions

Cited in 2 cases, 1983–1991 · leading case: Carpet Transp., Inc. v. TMS Ins. Agency, Inc., 302 S.E.2d 421 (Ga. Ct. App. 1983).

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Carpet Transp., Inc. v. TMS Ins. Agency, Inc., 302 S.E.2d 421 (Ga. Ct. App. 1983). · cites it 2× “In *736 regard to the latter, see also OCGA §§ 13-4-100 and 13-4-102 (formerly Code §§ 20-1201 and 20-1203); Commercial Union Assurance Co.”

Superior Rigging & Erecting Co. v. Maddox, 401 S.E.2d 258 (Ga. 1991). · cites it 2× “Maddox created a clear accord and satisfaction pursuant to OCGA § 13-4-100 et seq. They received the annuity application, questioned the designation of Mr.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.