8 S.E.2d 180 | Ga. Ct. App. | 1940
1. An executed agreement to take less than the amount due and owing may be pleaded as an accord and satisfaction.
2. An executed agreement to settle a disputed claim may be pleaded as a compromise of a disputed issue. This is true whether the issue in dispute was really in doubt, provided the party making it acted in good faith.
3. There was a contested issue of fact made by the evidence introduced in this case, and the court erred in directing the verdict for the plaintiff.
We do not think any of the evidence introduced by the defendant made any issue which should have been submitted to the jury, save and except that introduced on the question of accord and satisfaction. The defendant testified that he told the executor that the executor's brother had told him that Higgins had authority to cut the timber to build up the farm, and that he had acted in good faith in buying the timber from Higgins. We quote. "I made a settlement with Albert Foster as executor of the estate. It was a complete settlement so far as I was concerned. He said it was a complete settlement so far as he was concerned. I paid him $56.22 . . I said, `If this ends the matter, go over there and give him a check.' This was for the particular timber he is now suing me for." *106 There was evidence which showed the defendant was contending that he bought the timber from Higgins, thinking at the time that Higgins had authority from Fred Foster to sell, and that he had paid to Higgins $537.92, and at the time owed Higgins $56.22 as a balance for timber delivered. Another witness for the defendant testified: "Before I wrote out the check Mr. Foster clearly stated that if he got the money he was not going to sue. I then wrote the check and delivered it to Mr. Foster. Mr. Foster said he had no other claim against the Mason Lumber Company." The check was paid. The plaintiff's evidence contradicted the above testimony; but we think an issue was presented for determination by the jury.
The defendant in error insists that there was no consideration supporting the alleged settlement and compromise. The evidence was sufficient to show that Mason was contending that he did not owe Foster any amount whatever, but that he would give him $56.22 in settlement of their differences. Foster's evidence disputed this, and an issue was thus made for determination by the jury. It is patent from a reading of the evidence that timber of the value of $594.14 had been cut from the lands of the plaintiff and sold by Higgins to Mason. Higgins had already been paid $537.92, and Mason still owed him, under his contract, $56.22. Mason contended that Higgins at the time had had authority to cut and sell the timber. Foster disputed this. Mason, according to his plea, which was supported by the evidence he offered, denied any liability whatsoever to Foster, but had paid him $56.22 which he claimed was in full settlement of the entire claim. In Bass DryGoods Co. v. Roberts Coal Co.,
Judgment reversed. Broyles, C. J., and MacIntyre, J.,concur.