# Golden Peanut Co. v. Bass

> Court of Appeals of Georgia · March 30, 2001 · 249 Ga. App. 224

URL: https://www.frixlaw.com/law-library/cases/9587586

## Case

- **Full name:** GOLDEN PEANUT COMPANY v. BASS Et Al.
- **Court:** Court of Appeals of Georgia
- **Decided:** March 30, 2001
- **Citations:** 249 Ga. App. 224; 2001 Fulton County D. Rep. 1224; 547 S.E.2d 637; 2001 Ga. App. LEXIS 416
- **Precedential status:** Published
- **Opinion:** Concurrence by Andrews
- **Judges:** Mikell, Blackburn, Johnson, Eldridge, Ellington, Pope, Smith, Ruffin, Barnes, Miller, Andrews, Phipps
- **Cited by:** 48 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

Andrews, Presiding Judge,
concurring specially.
Although I concur fully in Divisions 1, 2, 4, 5, and 6,1 must concur specially as to Division 3 because I believe Golden Peanut (Golden) was entitled to a directed verdict on the issue of accord and *241 satisfaction.
As set out in the majority, it is not disputed that in October 1990, Coan, on behalf of Golden, told Bass and Varner that $875 per ton on the quota peanuts and the floor price on the additional peanuts was all that Golden was going to pay and there would be no further discussion of the 1990 peanuts. It is also undisputed that, after this declaration by Coan, Varner-Bass was sent, received, and cashed over $900,000 in payments based on the $875 per ton quota peanuts and floor price per ton additional peanuts. As Bass testified, “we had to take it. We couldn’t turn down any checks.” Varner estimated that his and Bass’ personally guaranteed debt for Varner-Bass was approximately $36 million and they did not refuse the money paid by Golden or make any protest at that time that additional monies were owed on the 1990 peanuts.
The later protest, made by instituting this litigation and contending in response to Golden’s motion for directed verdict and judgment notwithstanding the verdict that the payments were accepted only as an advance on a larger sum, was unavailing. Redmond & Co. v. Atlanta &c. R., 129 Ga. 133, 136 ( 58 SE 874 ) (1907) (acceptance of money due to great financial distress does not prevent accord and satisfaction); Hamilton & Co. v. Stewart, 105 Ga. 300, 302 ( 31 SE 184 ) (1898); M. Walter & Co. v. North Highland Assembly of God, 188 Ga. App. 852 ( 374 SE2d 792 ) (1988).
Therefore, I believe Golden was entitled to a directed verdict or j.n.o.v. on the defense of accord and satisfaction. See Gary v. E. Frank Miller Constr. Co., 208 Ga. App. 73, 75 (2) ( 430 SE2d 182 ) (1993).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9587586. Public record. Not legal advice.