Rafizadeh v. KR Snellville, LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a party is unable to recover under an accord and satisfaction theory when he or she “essentially created the controversy by demanding reinstatement with [a] tender letter”
• holding that for accord and satisfaction to apply, “that dispute must be bona fide, meaning that both parties must have understood and been aware that the dispute existed prior to the tender of the reduced payment”
• holding that for accord and satisfaction to apply, “th[e] dispute must be bona fide, meaning that both parties must have understood and been aware that the dispute existed prior to the tender of the reduced payment”
• reversing trial court’s finding that claim was barred by res judicata because prior dismissal without prejudice was not an adjudication on the merits
• “Georgia law makes clear that his tender of a check in the amount of $3,600 was not sufficient, in and of itself, to create such a dispute.”
• defendant bears the burden of proof in establishing res judicata

Source: CourtListener parenthetical corpus (CC0).