406 S.E.2d 568 | Ga. Ct. App. | 1991
Appellant-defendant executed a promissory note in favor of appellee-plaintiff. When appellant subsequently failed to make three consecutive monthly payments, appellee accelerated the unpaid balance of the indebtedness. When appellant thereafter failed to pay the accelerated balance, appellee brought the instant suit. Appellant answered and, among his other defenses, asserted that appellee’s acceleration of the indebtedness was in breach of a quasi new agreement as to the terms upon which he was obligated to make payments on the note. After discovery, appellee moved for summary judgment. The trial court granted summary judgment in favor of appellee and appellant appeals.
Appellant urges that a genuine issue of material fact remains as to whether there was a quasi new agreement whereby appellee had agreed to accept late and irregular payments on the note rather than to insist upon timely and exact payments as specified under the terms of the note. OCGA § 13-4-4 provides that “[w]here parties, in the
Judgment affirmed.