O.C.G.A. § 13-4-82 (2019)

Annotations

Cross references. - Antenuptial agreements generally, § 19-3-62 et seq. JUDICIAL DECISIONS Subsequent marriage of plaintiff to defendant extinguishes right to sue for breach of

promise because it is a personal right. Harris v. Tisom, 63 Ga. 629, 36 Am. R. 126 (1879).

ARTICLE 6 ACCORD AND SATISFACTION JUDICIAL DECISIONS Accord and satisfaction should usually be governed by same law as main contract. A-T-O, Inc. v. Stratton & Co., 486 F. Supp. 1323 (N.D. Ga. 1980). Permitting foreclosure not deemed accord and satisfaction. - Assuming as true defendant’s assertion that the defendant entered into an agreement with plaintiff to permit foreclosure and sale of the collateral real property to extinguish the defendant’s debt, this agreement fell short of an accord and satisfaction, since it was unenforceable for lack of consideration, since an agreement on the part of one to do what one is already legally bound to do is not a sufficient consideration for the promise of another. Consequently, since defendant failed in pre-

senting evidence to establish a prima facie case of novation or accord and satisfaction, and since the amount of the deficiency under the promissory note was undisputed, the trial court properly granted summary judgment in favor of the plaintiff. Hall v. Bank S., 186 Ga. App. 860, 368 S.E.2d 810 (1988). Cited in Northside Bldg. & Inv. Co. v. Finance Co. of Am., 119 Ga. App. 131, 166 S.E.2d 608 (1969); Clark Equip. Credit Corp. v. Refrigerated Transp. Co., 148 Ga. App. 405, 251 S.E.2d 321 (1978); Codner v. Siegel, 246 Ga. 368, 271 S.E.2d 465 (1980); FDIC v. Hoover-Morris Enters., 642 F.2d 785 (5th Cir. 1981).

RESEARCH REFERENCES ALR. - Failure to perform act required by new agreement as affecting character thereof as accord and satisfaction, 14 ALR 230. Payment before maturity of part of a liquidated and undisputed indebtedness as a consideration for its acceptance in satisfaction of the entire debt, 24 ALR 1474. Acceptance of remittance by check purporting to be ‘‘in full’’ or accompanied by indications of debtor’s intention that it be so regarded, 34 ALR 1035; 75 ALR 905. Accord and satisfaction by authorized endorsement and transfer of commercial paper by agent having no authority to compromise, 46 ALR 1522. Counterclaim or setoff as affecting rule as to part payment of a liquidated and undisputed debt, 53 ALR 768. Return or tender of consideration for release or compromise as condition of ac-

tion for recission or cancellation, action upon original claim, or action for damages sustained by the fraud inducing the release or compromise, 134 ALR 6. Validity and effect of agreement to pay original creditor part of debt refinanced under Federal Farm Loan Act, 147 ALR 743. Acceptance by building or construction contractor of payments under his contract as a waiver of right of action upon implied warrant as to conditions affecting cost, 173 ALR 308. Admissibility of evidence of unperformed compromise agreement, 26 ALR2d 858. Interest of spouse in estate by entireties as subject to satisfaction of his or her individual debt, 75 ALR2d 1172. Refusal to pay debt as economic duress or business compulsion avoiding compromise or release, 9 ALR4th 942. Modern status of rule that acceptance of

check purporting to be final settlement of disputed amount constitutes accord and satisfaction, 42 ALR4th 12.

Conveyance or surrender of property as an accord and satisfaction of contract obligation, 59 ALR5th 665.