Peters v. American Discount Co.

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 was authorized to find that no such tender was made. No finding was required that there was a rescission under the Williams case, supra, in that…