PETERS v. AMERICAN DISCOUNT CO.

38479.

102 Ga. App. 603 (1960)

117 S.E.2d 194

PETERS v. AMERICAN DISCOUNT COMPANY.

Court of Appeals of Georgia.

Decided October 18, 1960.


Attorney(s) appearing for the Case

Franklin B. Anderson, for plaintiff in error.

Powell, Goldstein, Fraser & Murphy, Robert R. Harlin, James L. Rankin, contra.


FELTON, Chief Judge.

The plaintiff contends that a verdict was demanded in his favor under the rule in Tifton Chevrolet Co. v. Mathis, 44 Ga.App. 839 (163 S. E. 308) and Dasher v. Williams, 30 Ga.App. 122 (117 S. E. 108). There was no rescission of the contract as a matter of the law under the Mathis case, supra, for the reason that the evidence was conflicting as to whether the plaintiff made a tender of the September 7th instalment. The court...

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