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Thomas v. Summers

The defendants' evidence raised a material issue of fact regarding their defense of accord and satisfaction in the plaintiff's action to recover on a promissory note.

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This appeal arises from an action Jere Summers commenced against David and Sondra Thomas to recover on a promissory note. The Thomases appeal the trial court’s order granting Summers’ motion for summary judgment, arguing that summary judgment was improper because Summers failed to establish that no material issues of fact remain as to their affirmative defenses of accord and satisfaction, release, and statute of limitation. We conclude that material issues of fact exist as to the Thomases’ accord and satisfaction defense and therefore reverse.

“‘Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c.’ Matjoulis v. Integon Gen. Ins. Corp., 226 Ga. App. 459 1 486 SE2d 684 1997. We review a trial court’s grant of summary judgment de novo, construing the evidence, and all reasonable conclusions and inferences drawn from it, in favor of the nonmovant. Id.

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