Jones v. Peacock

Jenkins, E, J.

1. A tender, to be effectual in protecting the debtor from future interest and costs, “ must be in full of the specific debt, and not in part,” and must be continuing. Civil Code (1910), § 4322; Smith v. Pilcher, 130 Ga. 350, 355 (60 S. E. 1000); Hiller v. Howell, 74 Ga. 174, 176; Ragan v. Newton, 27 Ga. App. 534 (2) (109 S. E. 412).

2. “A refusal of even a valid and continuing tender by a creditor does not relieve the debtor of all liability, such as would justify a rescission of his obligation to pay, but its effect, even when properly made and continued, is merely to protect…