Wender Roberts, Inc. v. Wender, 238 Ga. App. 355, 361 (5) ( 518 SE2d 154) (1999).Mack v. Shearer, 222 Ga. 33, 34 ( 148 SE2d 314) (1966).Harley v. Riverside Mills, 129 Ga. 214, 216-217 ( 58 SE 711) (1907).
For this additional reason, he is barred from reasserting the claims encompassed in the first six counts of his instant complaint. See Mack v. Shearer, 222 Ga. 33 ( 148 S.E.2d 314) (1966). Accordingly, summary judgment was properly granted to appellees as to the first six counts of appellant's complaint.
(d) The proceeds from the check were not tendered back to Allstate before the action was brought, or at any other time. Code ยง 20-906; Petty v. Brunswick W. R., 109 Ga. 666 (5) ( 35 S.E. 82); Western A. R. Co. v. Atkins, 141 Ga. 743 (6) ( 82 S.E. 139); Warren Co. v. Starling, 98 Ga. App. 371 (3) ( 106 S.E.2d 69); Mack v. Shearer, 222 Ga. 33 ( 148 S.E.2d 314). (e) An accord and satisfaction resulted when appellant endorsed the check and obtained the proceeds.
Furthermore, their failure to tender return of the money received likewise bars their causes of action. Mack v. Shearer, 222 Ga. 33 ( 148 S.E.2d 314); Scott v. Scott, 107 Ga. App. 443 ( 130 S.E.2d 753). Judgment affirmed. Quillian and Whitman, JJ., concur.