CAPITAL AUTO. CO. v. RICK

50063.

134 Ga. App. 830 (1975)

216 S.E.2d 601

CAPITAL AUTOMOBILE COMPANY, INC. v. RICK.

Court of Appeals of Georgia.

Decided April 9, 1975.

Rehearing Denied May 15, 1975.


Attorney(s) appearing for the Case

Westmoreland, Hall, McGee & Warner, Edward E. Bates, Jr., for appellant.

G. Fred Bostick, for appellee.


DEEN, Presiding Judge.

1. The failure to specify in the letter returning the check that it would not be accepted in lieu of cash eliminates the right to object on the ground that the check was not legal tender. "It was immaterial that the actual cash was not tendered since the defendant by his course in failing to object to the tender on that ground and at the first opportunity waived his right to insist on payment in cash." White v. Turbidy,

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