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Blitch v. Walker Pharmacy Inc.

The plaintiff discharged its debt claim against the defendants when it endorsed and deposited a check tendered in full payment and satisfaction of the parties' settlement.

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We granted the application of Jennifer Blitch and Chari W. Lotheridge to consider whether the trial court erred when it denied their motion to enforce a settlement agreement concerning a debt dispute with Walker Pharmacy, Inc. We hold that Walker Pharmacy discharged its claim and agreed to pay outstanding attorney fees when its counsel deposited the appellants’ check accompanied by a letter stating that the check was offered in full satisfaction and also stating the amount of fees still due. We therefore reverse. The question whether the parties reached an accord and satisfaction is for the factfinder unless there are no genuine issues of material fact. Progressive Cas. Ins. Co. v. Evans , 276 Ga. App. 594, 595 623 SE2d 767 2005.

The record shows that Walker Pharmacy filed suit against Blitch and Lotheridge to recover a debt. Blitch and Lotheridge filed a third-party complaint against Devra Walker, the wife of the pharmacy owner Lindsay Walker, alleging that she owed one-third of the debt.

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