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Brown v. Walton Elec. Membership Corp.

When an electric supplier mistakenly underbills a customer for its services and sues to recover the correct charges, the customer can assert accord and satisfaction, equitable estoppel or statute of limitation as affirmative defenses.

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During a period of more than five years, Walton Electric Membership Corporation “Walton” mistakenly underbilled Brown, its customer, for electricity. Walton sued Brown for the correct billing amount, and Brown raised accord and satisfaction, equitable estoppel, and statute of limitation defenses. The trial court awarded summary judgment to Walton, and the Court of Appeals affirmed. Brown v. Walton Electric Membership Corp., 238 Ga. App. 347 518 SE2d 727 1999. We granted certiorari and posed this question:

When an electric supplier’s act results in the underbilling of its customer, and the supplier seeks to recover the correct billing amount, does OCGA § 46-3-11 preclude the assertion of accord and satisfaction, equitable estoppel, or statute of limitation as defenses

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