2. ( a) The acceptor of a non-negotiable order agrees to comply with it according to its tenor, and such conditions attach to the acceptance as arise from the nature of the order and the transaction with which it is connected. Mutual Investment Corp. v. Friedman, 83 Ga. App. 544 ( 64 S.E.2d 298). ( b) Where the order refers to a contract between the drawer and drawee it is assumed, in the absence of a stipulation to the contrary contained in either the order or the acceptance of the same, that compliance with the order is as a matter of course to be in accord with and under the conditions contained in the contract.

Spreen assigned its interest in the contract to Key. Key, as the assignee of a non-negotiable chose in action, takes the same subject to the equities existing between the assignor and the debtor at the time of assignment. Mutual Investment Corp. v. Friedman, 83 Ga. App. 544, 547 (1 (b)) ( 64 S.E.2d 298); American Security Van Lines v. Amoco Oil Co., 133 Ga. App. 368, 371 ( 210 S.E.2d 832). Key relies upon two contractual provisions to sustain the state court's grant of summary judgment in its favor.