Supreme Court of Georgia, 1949

Crow v. Bowers

Supreme Court of Georgia · Decided February 16, 1949 · Atkinson

51 S.E.2d 855; 204 Ga. 786; 1949 Ga. LEXIS 505 (South Eastern Reporter, Second Series)

Cases that cite this one

10 later published cases cite this decision. The 9 that cite it most often are listed here.

Ernest Menendez and Theresa Menendez v. Perishable Distributors, Inc., and Edgar Newton Crowe, Jr. (11th Cir. 1985)
Yun v. Um (Ga. Ct. App. 2006)
Ernest Menendez and Theresa Menendez v. Perishable Distributors, Inc., and Edgar Newton Crowe, Jr. (11th Cir. 1984)
Henslee v. Houston (5th Cir. 1978)
Macris v. Laughlin Insulation Co. (Ga. Ct. App. 1971)
Hanes v. First Federal Sayings & Loan Ass'n (Ga. Ct. App. 1960)
Owens v. Service Fire Insurance (Ga. Ct. App. 1954)
Pemrock, Inc. v. Essco Co. (Md. 1969)
Glass v. Doctors Hospital, Inc. (Md. 1957)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Atkinson, Presiding Justice.

1. Where a petition seeks cancellation of a written instrument and alleges that the instrument sought to be canceled was “a release from all further claims," in construing the petition most strongly against the pleader, which must be done, the instrument will be construed as a full contract of release, and not merely a receipt.

2. Where it is sought to set aside a written instrument which is a full contract of release from all further claims, and not merely a receipt, parol evidence is not admissible to vary or alter its terms. Walters v. Odom, 53 Ga. 286, 289; Southern Bell Telephone &c. Co. v. Smith, 129 Ga. 558 (59 S. E. 215); Pennsylvania Casualty Co. v. Thompson, 130 Ga. 766 (61 S. E. 829); Jewell v. Norrell, 66 Ga. App. 11 (4) (16 S. E. 2d, 797).

3. Where a liquidated debt, upon which there is no dispute as to the amount due, is agreed to be settled for less than its face value and the settlement is consumated by the payment of the amount agreed upon and the execution and delivery of a writing stating that it is “a release from all further claims,” this is an accord and satisfaction and an extinguishment of all liability therefor by the debtor. Code, § 20-1204; Tarver v. *787 Rankin, 3 Ga. 210; Brown v. Ayer, 24 Ga. 288; Tyler Cotton Press Co. v. Chevalier, 56 Ga. 494 (5); Burgamy v. Holton, 165 Ga. 384 (3) (141 S. E. 42); Collier v. Mayflower Apartments, 196 Ga. 419 (2) (26 S. E. 2d, 731).

No. 16521. February 16, 1949.

4. A petition, seeking the cancellation of the instrument above described, in which there was no sufficient allegation of fraud, or other grounds authorizing a cancellation, was subject to the general demurrer interposed thereto, and the trial court erred in overruling the same.

Judgment reversed.

All the Justices concur. *788 M. G. Hicks, for plaintiff in error. James F. McNamara and Robert L. Royal, contra.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.