23 Ga. App. 52 | Ga. Ct. App. | 1918
The petition does not show on its face that there had been a complete ( accord and satisfaction, and therefore it was error for the trial judge to sustain a demurrer attacking it on this ground. An accord and satisfaction is a contract, and consequently must be based on a valid consideration. Richmond &c. R. Co. v. Walker, 92 Ga. 485 (17 S. E. 604); Carlton v. W. & A. R. Co., 81 Ga. 531 (7 S. E. 623); Armour v. Ross, 110 Ga. 403 (3 5
The decision in the case of Ryan v. Publishing Co., 16 Ga. App. 83 (84 S. E. 834), is relied upon by the defendant, who contends that it Controls the instant case. That case though somewhat akin to this case, is nevertheless clearly distinguishable on its facts, the all-important distinction being that in the Ryan case the relation of-debtor and creditor existed, whereas in this case no such relation is sliown. See also Roberts v. Bank of Eufaula, 20 Ga. App. 226 (3) (92 S. E. 1015). We therefore reiterate that the trial judge erred in sustaining the demurrer and dismissing the guit.
Judgment reversed.