Mack v. Shearer

4 Citing cases

  1. Daly v. Mueller

    279 Ga. App. 168 (Ga. Ct. App. 2006)   Cited 7 times
    In Daly, the appellate court addressed whether the plaintiff should have complied with the tender rule by returning the settlement she received in exchange for her release of certain claims before she attempted to rescind the release.

    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).

  2. Bishop v. International Paper Co.

    325 S.E.2d 870 (Ga. Ct. App. 1984)   Cited 6 times
    Affirming summary judgment to defendant attorney on libel claim

    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.

  3. Henry v. Allstate Ins. Co.

    129 Ga. App. 223 (Ga. Ct. App. 1973)   Cited 10 times

    (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.

  4. Townsend v. Lewis

    176 S.E.2d 457 (Ga. Ct. App. 1970)   Cited 5 times

    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.