dissenting:
I respectfully dissent to the Court’s opinion in this case.
Mr. Stanley had leased the property in question from CURA for more than four years at the monthly rate of $600.00 when CURA terminated the lease. Mr. Stanley continued to make payments at the same rate for seven months after the lease was terminated. The majority of this Court held that an accord and satisfaction had been established as a matter of law only for the January payment.
The majority based their decision on the fact that Mr. Stanley had written “January rent in full” on the final January check. For the remaining six months, however, Mr. Stanley wrote only “February rent,” “March rent,” etc., and did not include the words “in full.” The majority seems to find some magic in the words “in full” which allows them to conclude that an accord and satisfaction existed as a matter of law only where those words appeared. I see no such magic. When a check bears some notation that it is offered in full settlement of a claim, the retention and use of the check by the creditor constitutes an accord and satisfaction. 15 S. Williston, A Treatise on the Law of Contracts § 1854 (3d ed. 1972). It is not necessary that the check include words such as “payment in full” if some other evidence exists to show what the check is intended to cover. See Mobley v. Fulton Roofing Company, 173 Ga.App. 563, 564, 327 S.E.2d 540, 542 (1985).
I believe Mr. Stanley’s intent was clear. The words “February rent,” etc., indicated that the checks were offered in full settlement of the rental payments for the respective months. In addition, the words “in full” on the January check placed CURA on notice of Mr. Stanley’s intent. CURA’s acceptance and use of the February through July checks should constitute an accord and satisfaction as a matter of law for the amounts due for those months. Accordingly, I would affirm the judgment of the circuit court.